Shanks v. Pearson

The opinion of the court was delivered by

Greene, J.:

This suit was brought to enjoin the road-overseer of road district No. 1, Logan township, Mitchell county, from opening a ditch on the road in front of plaintiffs' premises. On the trial of the merits the temporary injunction was dissolved. The plaintiffs prosecute error.

The defendant in error challenges the jurisdiction of this court on the ground that the proceeding in error was not commenced within thirty days after the final judgment dissolving the temporary injunction. General pleadings were filed by both parties, the cause tried on its…