Smith v. McClard

BRADY, Judge.

Plaintiffs’ petition was in two counts: Count I — an ejectment action and prayer for damages; Count II prayed for an injunction against the locking of a gate which barred plaintiffs from access to their land. Count I was tried to a jury and resulted in a verdict for plaintiffs with damages assessed at $50.00. Count II was tried to the court which found for plaintiffs and entered an injunction. Appeal was first made to the Supreme Court of this State on the ground title to real estate was involved. Since neither party sought, nor did the judgment purport to grant, an adjudication…