McCormick v. President & Trustees of Lafayette

Smith, J. —

On the 23d of September, 1846, John McCormick and Phineas O. Sergeant, filed their bill of complaint in the clerk’s office of the Tippecanoe Circuit Court, against the president and trustees of the town of Lafayette. An injunction was granted by the president judge in vacation, which was afterwards dissolved, on motion of the defendant’s counsel, upon the bill, answer, and exhibits. The plaintiffs appealed to this Court from the interlocutory order of the Court below, dissolving the injunction.

The bill alleges that the defendants, as the corporate authorities of the town of…