Scaling v. Denny

CONNER, Chief Justice.

— Appellant instituted this suit against S. A. Denny, county judge of Clay County, Texas, and others named as commissioners, to enjoin the said defendants from opening a public road through certain lands belonging to the plaintiff. A temporary writ of injunction was issued but later dissolved, and it is from this latter order and judgment that the appeal has been prosecuted.

Only two grounds of error in substance 'are assigned to the action of the court in its order of dissolution. First, it is insisted that “The Commissioners’ Court had adjudged that he (appellant) was…