City of Henderson v. Kentucky Peerless Distilling Co.

Opinion op the Court by

Judge Turner

— Affirming.

This is an equitable action by tbe appellee against tbe City of Henderson and its mayor seeking to enjoin them from disconnecting a private sewer which appellee had constructed and which had been connected with one of the city sewers. The injunction was granted by the lower court and the city and mayor have appealed.

A motion has been entered in this court to strike from the files the bill of exceptions and to dismiss the appeal, and those motions having been passed to a hearing on the merits will be first disposed of.

It appears that in the lower…