Pickerell v. Irby

SPEER, Associate Justice.

This is an injunction suit brought by appellant against the members of the Commissioners’ Court of Haskell County and the road overseer, to enjoin the opening up of a public road along the south line of his land. The temporary writ was granted, and on final trial was made perpetual, but the court before whom the case was tried at the same time rendered judgment against the plaintiff for the costs of the case. Ho reasons were stated by the court for awarding the costs as he did in the original judgment, but, upon overruling the plaintiff’s motion to retax costs, he did…