McPike v. West

This was a suit to enjoin the defendants from unlawfully opening a road over the premises of plaintiff, and from cutting his timber and hedges and removing his fences for that purpose, thereby exposing his crops and fruit trees and meadows and pasture lands to the depredations of stock of all kinds. A temporary injunction was granted by the judge of the probate court under the seventeenth section of the act of 1873, (Session Acts, 1873, p. 170), it appearing from the affidavit of the plaintiff' that the circuit court of the county was not in session, and that the judge of said court was not…