McCann v. Trustees of Mt. Gilead Cemetery
Indiana Supreme Court
Erom Monroe Circuit Court; James B. Wilson, Judge. Suit by the Trustees of Mt. G-ilead Cemetery and another against Patrick McCann and others. Erom an interloeutory order granting a temporary restraining order, defendants appeal.
1Opinion of the CourtMonks, J.
1. This suit was brought by appellees under the act of 1899 (Acts 1899, p. 15, §§4708d-4708f Burns 1901) to enjoin the Indianapolis Southern Railway and its coappellants from constructing a railroad on certain real estate alleged to be “held, used and occupied as a cemetery and for cemetery purposes.” A temporary injunction, was granted by the judge in vacation. Afterwards appellants filed a motion to dissolve the same, which was overruled, from which action of the court this appeal was taken. It appears from the affidavits read in evidence that there has been in existence for more than forty…
2Cases cited2 opinions
- Gagnon v. French Lick Springs Hotel Co.Indiana Supreme Court · 1904
- Home Electric Light & Power Co. v. Globe Tissue Paper Co.Indiana Supreme Court · 1897
3Cited by1 opinion
- Board of Education v. Proprietors of Akron Rural CemeteryOhio Supreme Court · 1924