Kopecky v. Daniels

WILLIAMS, Associate Justice.

— Appellant obtained an injunction restraining appellee Daniels, as road overseer, and the other appellees, who were the county commissioners, from opening a public road which the Commissioners Court had undertaken to establish and ordered the overseer to open across appellant’s inclosed lands.

The pleadings raised the questions discussed in the opinion. The cause was tried by the judge without a jury, and the injunction was dissolved and the case dismissed, and from this judgment this appeal was taken.

The facts show, that at the February Term, 1894, of the…