Marshall v. Simmons

This is an appeal from an order of a district judge in chambers, refusing a temporary injunction. There is no brief for appellant nor assignment of errors. The record contains the plaintiff’s petition, the order of the judge, and the appeal bond. The only question presented is whether the district judge erred in refusing the temporary injunction upon the allegations of the sworn petition. Much has to be taken for granted in dealing with the petition. For instance, there is .no prayer for temporary writ. We are left to gather from the order of the court that he refused it.

The plaintiff in the…