Scott v. Flint River Pecan Co.

Hill, «I.

The judgment complained of in this ease was rendered at an interlocutory hearing. No demurrer was filed to the original petition, complaining that an equitable petition would not lie, and that the plaintiff had an adequate remedy by mandamus. Indeed had there been such a demurrer it could not have been expressly ruled upon at the interlocutory hearing before the first term. The trial judge, in refusing the injunction prayed for, put his decision upon the ground that the petition seeks mandatory relief. This ordeT of the court is excepted to, “because the same is contrary *674to law and…