Jeurissen v. Harbeck

Appeal from an order of the district court dissolving a temporary injunction and dismissing plaintiffs’ cause of action instituted on the theory that they had acquired a prescriptive easement over real estate owned by defendants. The order is based upon the grounds: (1) That plaintiffs failed to prosecute the action and to bring it on for trial; (2) that no justiciable controversy is presented; and (3) that the proceedings are barred by a judgment entered in an action to quiet title.

We do not find support in the record for the order of dismissal.

1. Plaintiff Joseph H. Jeurissen avers that the…