Horton v. Harvey

Head, Presiding Justice.

1. The trial court erred in overruling the general demurrers of the defendant. “The office of an injunction being, under the code of this State, merely to restrain and not to compel the performance of an act, this remedy is not available for the purpose of evicting a party from the actual possession of land, the right to which is in dispute between himself and another; and consequently such a result can not be indirectly accomplished by an order restraining the party so in possession ‘from further interfering- with said lot of land, house and crop’ thereon. Such an…