Kinsland v. . Kinsland

Upon a former appeal the restraining order was dissolved without prejudice to the rights of the plaintiff to renew his motion upon definitely establishing tbe facts at tbe final bearing. 186 N. C., 760. Afterwards, tbe canse came on for trial upon an amended complaint, in wbicb tbe plaintiff prayed tbat tbe dam be declared a trespass and a nuisance and tbat an order be issued restraining tbe defendants from wrongful entry upon tbe plaintiff’s land.

Tbe theory upon wbicb tbe action was dismissed is not stated in tbe judgment, but from tbe defendant’s brief, we infer it rests on tbe contention…