94 Neb. 530 | Neb. | 1913
This action was commenced in the district court for Dawes county to obtain an injunction restraining defendants from trespassing upon a certain tract of real estate situated in that county. A temporary injunction was allowed, but upon the final trial of the cause the injunction was dissolved and the plaintiff’s action .was dismissed. Exceptions were taken, and plaintiff has appealed.
Among other errors complained of, it is contended that the court erred in permitting defendants to answer while in contempt for a violation of the temporary order of injunction. It is a sufficient answer to this assignment to say that there seems to be no adjudication in the record that defendants were guilty of a violation of the injunction. Again, it was in the discretion of the district court to allow defendants to file an answer to plaintiff’s petition, and it is not claimed that the court abused its discretion.
The other assignments of error may be disposed of under the general contention that the court erred in giving the judgment against the plaintiff.
The land in question was actually in the possession of the defendant. It was within the inclosure used by him as a pasture for his cattle. Plaintiff had leased it to the' defendant for a year, and plaintiff says that defendant held
For the foregoing reasons, it is apparent that the judgment of the district court was right, and it is therefore
Affirmed.