McAlister v. Graham

— This a proceeding for a mandatory injunction. A temporary writ was granted. After-wards the cause came on for hearing when defendant filed a motion to dissolve the temporary writ and dismiss the bill on the ground that on the face of the bill no cause of action was stated and no ground for relief averred. The trial court sustained the motion and plaintiff comes here for relief.

*281The record shows that defendant filed an answer in which various matters were set up, hut as the case was disposed of on the motion of defendant, without the hearing of evidence, we have only to examine the petition…