City of Watertown v. Eastern Dakota Electric Co.

TRIEBER, District Judge.

This is an appeal from an interlocutory order vacating a temporary restraining order granted on an ex parte *833application. The pleadings are somewhat voluminous, but as the order appealed from is based on defendant’s plea of res judicata, it is only necessary to state such parts of the pleadings as apply to this plea.

The parties will be referred to as they appeared in the court below, the city as the plaintiff and the electric company as the defendant. On September 28, 1909, the plaintiff, then incorporated under a' special charter, granted to William J Ferris and…