Harniss

This is an action for damages and to procure an order for the abatement of a nuisance alleged to exist by reason of obstruction by fences at both ends of a public alley in the town of Bishop, Inyo County, this state, upon which alley plaintiffs’ property abuts; by which plaintiffs are deprived of the free use of their property and from going from their property out upon said alley, or through the same to Church Street, a public street in said town.

The damages were claimed on account of the depreciation in value, and by reason of being deprived of the use of said alley.

To the complaint a demurrer was interposed upon the grounds,—1. That plaintiffs had no legal capacity to sue; and 2. That the complaint did not state facts sufficient to constitute a cause of action. The demurrer being overruled, defendant answered, denying all the material averments of the complaint, other than the construction of the fences at the places designated in the complaint. The defendant further alleges that the strip of ground denominated a public alley in plaintiffs’ complaint was not an alley, but the private property of defendant.

Findings and judgment went for plaintiffs, and a decree was entered…