Whitlock v. Vancleave

This was a proceeding to enjoin the col*512lection of certain costs. The court below sustained a demurrer to the complaint, and this is assigned for error.

The facts upon which an injunction was sought were thesé: The appellant, at the September term, 1865, of the Montgomery Circuit Court, commenced an action against the appellee Vancleave, to recover the possession of a tract of land. The cause was tried at said term by a jury, and resulted in a finding for the defendant. The plaintiff thereupon moved the court for a new trial as a matter of right, and the court entered an order that a new trial…