Heagy v. Black

Black, C.

— The appellant was the defendant, and Noah . Black and John Trump were the plaintiffs, in a suit to enjoin the defendant, a road supervisor, from removing fences and •opening a highway over certain lands of the plaintiffs in Kosciusko county.

A restraining .order was granted in vacation until the third •day of the next term. On the first day of that term, the defendant moved to dissolve the restraining order and to dismiss the cause. On the next day, the court overruled the motion, and thereupon the defendant demurred to the complaint for want of sufficient facts. The demurrer was…