Miocene Ditch Co. v. Jacobsen

Did the court err in dissolving the temporary restraining order and in refusing to grant an injunction pendente lite ? It is admitted that the preliminary order in the first instance was properly issued; that a clear prima facie case was established by the complaint and affidavits filed in support thereof. The rule to show cause why it should be dissolved was heard upon the complaint, and upon affidavits and depositions offered by the respective parties.

*564It is contended by the appellees that upon the facts presented at the hearing it affirmatively appears that the appellant constructed its…