Gorton v. Town of Forest City

This action was commenced for the purpose of restraining the defendants from opening a public highway. Upon the verified complaint, a temporary injunction was accordingly issued. The defendants appeared, and served a verified answer, and therein alleged certain facts, which, if true, would justify the court in dissolving the injunction. Plaintiff served- a reply, the contents of which were stated upon information and belief, and his verification was to the same effect. The writ of injunction was dissolved and set aside, upon the ground that it was wrongfully obtained, and was issued without…