Elkhorn Coal Co. v. Justice

Opinion op the Court by

Judge McCandless

Reversing.

In March, 1920, .the Elkhorn Co-al Company by an action in equity asserted ownership in certain standing timber and sought a. perpetual injunction against J. P. Justice, restraining him, from cutting, marketing or removing any of same. A temporary restraining order was issued by the circuit clerk. Later the defendant moved the judge of the circuit court to dissolve this order and the plaintiff moved for a temporary injunction, which was granted during' the pendency of the suit. On final hearing the court decided in favor of defendant on the…