Ewan v. Stenberg

Plaintiffs amended complaint alleged a right of way by prescription or a public way across Stenbergs land or, in the alternative, to condemn a way of necessity. All defendants filed motions to dismiss and to strike. Defendant Stenberg was ordered to show cause why injunctive relief should not be granted. The district court treated the motions as being for summary judgment. Stenberg has filed no answer. The testimony which was before the court was that adduced at the hearing on the motions and the order to show cause. Prior to that hearing the judge, in company with counsel, viewed the premises. Following the hearing, summary judgment of dismissal was entered for the defendants. Plaintiffs appeal.