Martin v. Deaton

Deaton filed his equitable petition to enjoin Martin from continuing to tear down a theater building of the former, and to recover damages for the partial demolition of this building. A temporary restraining order was granted; and there was no hearing-had on the application for temporary injunction. By an amendr ment to his petition the plaintiff sought to recover only actual .and *558punitive damages; and in effect he eliminated his claim for injunctive relief. No injunctive or other equitable relief was sought by the petitioner or granted. The case proceeded to trial on the claim for damages;…