Moulton v. Irish

MR. COMMISSIONER ROSE

prepared the opinion for the court.

In July, 1922, the plaintiffs, as the board of county commissioners of Fergus county, instituted this action to enjoin the defendants from closing an alleged public highway over certain lands owned by or under the control of the defendants. A temporary restraining order was issued, together with an order to show cause. Thereafter the trial court sitting without a jury, after a hearing on the merits, and viewing the premises, perpetually enjoined the defendants from obstructing the road 'described. The complaint discloses that plaintiffs…