Wagner v. McFadden

Appellees, as plaintiffs, had commenced an action to obtain an injunction and accounting against appellants. Appellants prevailed in this action and a decree was entered in their favor. Appellants now file this petition, alleging a violation of the decree by appellees, who were the losing parties in the first action.

Appellees filed their motion to strike out appellants’ petition which the court sustained. This action of the court is the only error assigned on this appeal.

It appears from the original complaint for an injunction and accounting filed by appellees that there had arisen a…