Eastland County v. Eberhart

This suit was brought by the members.of the commissioners’ court of Eastland county in their official capacity against the appellee, Eberhart, alleging that said county through its constituted authorities was constructing and improving a public highway between Eastland and Rising Star; that the defendant had fenced and obstructed the highway and was preventing the construction thereof. The plaintiffs prayed the issuance of a mandatory injunction for the removal' of the obstructions and that the defendant be enjoined from further obstruct ing the highway. A temporary injunction was issued as…