Stephens v. State Highway Department

Frankum, Justice.

1. The main question presented by the. appeal in this case is whether the trial judge erred in granting an interlocutory injunction in favor of the plaintiffs, the State Highway Department and Bibb County, which injunction, because of the nature of the acts sought to be enjoined, would have required the defendants, in yielding obedience to the restraint thereof, to perform the affirmative act of demolishing a portion of the building in question which the plaintiffs alleged encroached upon the right of way of a state highway by less than one foot. See Ellis v. Campbell, 211…