Street R. R. v. . R. R.

It seems to have been agreed between the parties that the restraining order should be continued on both parties till their rights should be finally determined, and that the Judge should hear the testimony and find the facts, to the end that such determination should be had before him at this hearing, and considered and passed upon in the present appeal; and the record states that the Judge, on hearing the pleadings, affidavits, proofs and admissions, found the facts and entered judgment that the plaintiff had acquired no superior rights to defendant (426) to occupy and build a road on the…