Turner v. Belser

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Honor, Judge Townsend, refusing the defendants’ motion to require the plaintiffs to elect upon which of two' supposed causes of action alleged in the complaint they would proceed to trial.

The plaintiff sued for an injunction to prevent the obstruction of an alley adjoining and appurtenant to the premises and property of the plaintiffs by the defendants. The plaintiffs under three separately stated causes of action set up their claim: (1) Generally as appendant and appurtenant to their property;…