Lustmann v. Lustmann

Stone, Justice.

Primarily this action is for an injunction to protect his right in what plaintiff claims is an easement by prescription in a private lane or cartway. The action was tried before the Honorable C. M. Tifft, late judge of the eighth judicial district. His decision was for defendants. While plaintiff’s motion for amended findings or new trial was pending, came the end of this life for Judge Tifft. That motion was heard and determined by his successor, Judge Moriarty, who so amended the findings of fact and conclusions of law as to reverse Judge Tifft on the merits and ordered…