Merrill v. Travis

FOSTER, Justice.

This is an appeal by complainants from a decree sustaining demurrer to a .bill in equity. Appellants also assign as error a decree refusing to issue a temporary injunction, under section 1057, Title 7, Code of 1940. But under it, the appeal must be taken in ten days. The appeal was taken more than ten days, so that it cannot be assigned as error.

The only question on this appeal is the ruling on demurrer to the bill as last amended.

The pertinent facts alleged are that appellee sued in detinue one Armstrong for the recovery of an automobile. Two days later he made appellants…