City of New Albany v. Endres

The appellee sued the appellants to enjoin them from widening a certain street in said city, which, it is alleged, the appellants, the city and its marshal, were threatening and about to do by extending the same over appellee’s lot. The issues formed were submitted to and tried by the court without a jury, resulting in a special finding of the facts, on which the court stated conclusions of law favorable to the appellee, upon which he had judgment perpetually enjoining appellants, as prayed for in the complaint.

The errors assigned here, among other things, call in question the conclusions of…