Joseph McKenna

“ Its order proceeds no further than a direction to sustain the demurrer to the petition. That done, the lower court had and has all of its power under the statute, and may exercise it at the invocation of plaintiffs in error. What they may be advised to do, we cannot know. We can only consider their right and the power of the court. These existing, if we should affirm the judgment of the supreme court, that court, and maybe this court, may be called upon to determine other issues between the parties. ”

“ An ordinance was passed, pursuant to the statute, extending the city boundaries so as to include large tracts of land belonging to the Union Pacific Railway. A portion of the lands were used for right of way and other railroad purposes, and a large part of them were vacant and unoccupied, which were held by the company for its future uses. ”