Gates v. Kilcrease

BLAKE, Superior Judge.

This is an appeal from a judgment in a suit--brought under the Declaratory Judgment Act, Code 1939, § 27-701 et seq., refusing an injunction to plaintiff-appellants to compel defendant-appellee to refrain from the practice of optometry. The case was tried to the court without a jury.

A brief statement of the facts is as follows : At the time of bringing this action in the Superior Court of Pinal County in April, 1944, and for some time prior thereto and since said time, defendant V. W. Kilcrease, a licensed osteopathic physician, was engaged in Casa Grande and Coolidgc,…