165 Ind. 16 | Ind. | 1905
The St. Joseph & Elkhart Power Company, one of the appellants, was engaged in erecting a line of poles across the land of appellee Graham when said appellee brought a suit, (Ho. 9,487) in the court below, and secured a temporary injunction against the further erection of the same. While this suit was pending the power company brought a suit, (Ho. 9,495) in the court below, and, by giving their bond, secured a temporary restraining order, restraining appellees from cutting down the poles already erected on said land.
Afterwards the parties to said suits entered into a written agreement, which, omitting the names of the parties thereto, is as follows: “It is agreed between the above-named parties: (1) That, in cause Ho. 9,487, now on the docket of the St. Joseph Circuit Court, the following finding and decree shall he entered: ‘This cause comes on for trial and is submitted to the court without the intervention of a jury, and the court having heard the evidence and being fully advised in the premises finds for the plaintiff that the allegations of his complaint are true and that the allegations of the plaintiff’s reply are true. It is therefore considered and adjudged that the defendant, its agents, servants, successors, assigns and representatives are forever enjoined from entering, remaining, digging, excavating, working or being upon or erecting or maintaining poles, wires or anything whatsoever, including all conductors of electricity and telephone or telegraphic communication, upon, on or over, or conducting telephone or telegraphic lines or wires or poles on of over the south half of the
This suit was brought by appellees on the bond given by appellants to secure the temporary restraining order in case Eo. 9,495, which suit was dismissed at appellants’ cost under said written agreement. Appellants filed two paragraphs of answer, setting up said written agreement, and alleging that the same was executed in compromise and adjustment of all matters and disputes between the parties in relation to the erection of the line of poles and the occupation of the land in controversy, and that a decree and judgment was entered in each of said cases in accordance with said agreement, and that the power company paid the costs in each of said causes. Appellees’ demurrer for want of facts was sustained to each of said paragraphs of answer, to which rulings of the court appellants at the time excepted. A trial of said cause resulted in a judgment in
Judgment reversed, with instruction to overrule said demurrers, and for further proceedings not inconsistent with this opinion.