Davis v. Alexander

Tbe court below “ordered, adjudged and decreed: Tbat tbe temporary restraining order heretofore issued in this action against tbe defendant be, and tbe same is hereby vacated and a permanent restraining order against tbe defendant be and tbe same is hereby denied.” From tbe above judgment, tbe plaintiff excepted, assigned error and appealed to tbe Supreme Court. ¥e think tbe judgment in tbe court below must be reversed and tbe prayer of plaintiff for mandatory injunction allowed.

Tbe law applicable to this action is well stated in 2 Elliott, Roads and Streets (4th ed.), part sec. 1172, at p.…