Opinion
Gen. No. 10,350. (Abstract of Decision.)
Opinion filed March 8, 1949 Released for publication March 26, 1949
INJUNCTIONS, § 196 — allegations sufficient to warrant without notice temporary injunction against trespasses on drainage ditch. Allegations of verified complaint alleging that plaintiffs were duly elected and acting commissioners of a farm drainage district, that plaintiffs owned a right of way and main ditch which they were bound to maintain, that defendants, without right or permission, had entered a portion of ditch and commenced digging therein and ignored written notice to quit, and that if a preliminary injunction were not issued without notice plaintiffs would be subjected to damage suits by various landowners as result of defendants' repeated trespasses were sufficient to authorize issuance of temporary injunction without notice (Ill. Rev. Stat. 1947, ch. 69, par. 3; Jones Ill. Stats. Ann. 109.351).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Mercer county; the Hon. LEONARD E. TELLEEN, Judge, presiding.
Order affirmed. Heard in this court at the February term, 1949.
Bell, Farrar Scott and Wood, McNeal Warner, for appellants;
Robert M. Bell and Wilmot F. Warner, of counsel;
Graham Prentiss and Eagle Eagle, for appellees.
Not to be published in fun. Opinion filed March 8, 1949; released for publication March 26, 1949.