McCormack v. Cole

Opinion op the Court by

Judge Thomas

— Reversing.

Tbe appellants and plaintiffs below filed this equity action in the Magoffin circuit court against tbe appellees -and defendants beiow, seeking an injunction prohibiting -defendants from transporting passengers for hire on the public highways without obtaining the - necessary certificates and permits to do so, whereby they were in unlawful and unfair competition with plaintiffs, who had fully complied with the statutes relating to the subject and were engaged in the same business in the same community. There was a misjoinder of plaintiffs and…