King v. County of Stark

(On petition for rehearing.) The plaintiff complains because the court made reference to the demurrer to the complaint and says: “The appeal is not from any demurrer to the complaint. The appeal is merely from an order in a provisional remedy in connection with the action granting a temporary injunction.”

The opinion shows that: “The sole purpose of this action is to enjoin the State from making this improvement.” In determining the right to an injunction, however, we must know whether the complaint states a cause of action.

Petitioner says: “the only question before this court . . . was…