Board of Commissioners v. Smith

The appellants on proper petition made' an order for the relocation of the county seat, from which order an appeal was taken to the common pleas court, and the appellees filed a petition, alleging that, notwithstanding the appeal, the board of commissioners were going on to erect the county building at the new location, and praying an injunction, etc.

A restraining order was granted on filing the petition, without notice to the board. At a regular term of the court, a motion was made by the board to dissolve the restraining order, which was overruled, and an injunction was granted against the…