Miller v. Santa Margarita Land & Cattle Co.

We treat this appeal as one from an order granting a preliminary injunction. We have determined that that order must be reversed.

The plaintiff brought an action to quiet his title to an easement in a roadway over the land of the defendant Santa Margarita Land and Cattle Company and to restrain that defendant and others from interfering with the plaintiff’s use thereof. A temporary restraining order was issued. Thereafter, pursuant to the stipulation of the parties that order was dissolved. Subsequently, at the instance of the plaintiff the superior court ordered the defendants to show cause…