Graham v. Knight

(after stating the facts as above.) The contention presented by the assignments is that the trial court erred when he overruled certain exceptions urged by appellants to appellee’s answer. The ground of the exceptions was that there was no denial in the answer of material allegations in appellants’ petition. The argument is that the trial court therefore should have treated the allegations as true, and hence that he abused the discretion he had when he dissolved the temporary injunction.

The contention assumes that the allegations in the petition, if taken as true, entitled appellants to…