Howell v. Bowden

Atkinson, Justice.

(After stating the foregoing facts.) The first special ground of the motion for new trial complains of the following charge: “At a preliminary hearing, gentlemen, in which you are not concerned, a temporary injunction was granted against both [the plaintiff] and [the defendant]. It appeared-that there was certain timber that had already been cut into lumber that was liable to deteriorate in value during the pendency of this suit; and, upon petition brought by [the defendant], the court, for the purpose of modifying the injunction in order that the timber might be removed,…