The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-01-27
1R. FLETCHER VICTORIOUS.
But His Victory is Shorn of 1t.
Effect by Another Injunction.


Judge Severance this morning filed
a decision in the injunction suit
brought by FL. j. Luedtke against L.
G. M. Fletcher to restrain him from
5lockading Minnesota street, denying
the application for an Injunction.
The decision is as follows:
Here is an application on the part
of the plaintiff for an order of the
court granting writ of temporary
injunction restraining and enjoining
the defendant from obstructing a
highway assumed to exist as alleged
in the complaint. The matter came
up on an order to show cause, granted
at the instance of the plaintiff, and
directing the defendant TO show cause
why he should not be enjOined from
obstructing road assumed by the al
legations of the complaint to be a
highway.
The order was returnable on the
18th day Of December, 1892, and upon
the complaint and answer, the affida
Wits of B. f. Shafer, Malcolm McIn-
| tyre, Carl LeiSner, VIM. Bodde and
Frank Halstead, f. Collins, f. J. Pan
neberg and j. J. Gill, and counter aft
| davits of M. B. Haynes and L. G. M.
| Fletcher, as well as the files of an old
case of L. G.. M. Fletcher VS.. the City
of MankatO.
A. M. Rutan and w. r. Geddes ap-
peared for the plaintiff and Lorin
Cray and Fletcher, lockwood g.
Dawson appeared for the defendant.
| The complaint in this case, even if
it alleges the existence of a highway
at ALL does not allege any special
damages that will enable him to
maintain this action.
The complaint does not allege facts
sufficient to estop defendant from as
sorting that the strip Of land in ques-
tion is not highway, for the allega-
tions of the complaint in that regard
may be true, and still the highway rep
resented by the plaintiff to have eX-
listed may have run across said strip
! NJ land in any direction and may have
been of no possible use to the plain
tiff, and the obstruction of it, so far
as is shown by the allegations, may
not in any degree have caused the
damage of which the plaintiff COM
plains.
How much of the strip of land in
question such highway occupied, and
in what direction it ran and whether
or not it is Identical with the high
way claimed that the defendant did
obstruct does not appear from any
allegations in the complaint.
1t is therefore ordered that plain
Jiff's motion for temporary injunc-
tion be and the same is denied and
the order to show cause is discharged
and the restraining order thereon is
dissolved.
DdUoQ, Jan. "a, 1888.
J. M. SEWERAGE,
Judge Dist. Court.
| At o'clock this morning Deputy
Bowen served another temporary in
| junction upon Mr.. Fletcher, restrain
ing him or his agents from blockading
the street, and also an order to show
cause why the Injunction should not
be made permanent. The case will
be argued Feb. 3rd at ZOO p. M. The
plaintiff in this suit is VIM. Badde,
another resident of Cummings addl-
tion, and accompanying the petition
for the temporary Injunction and the
order to show cause in an affidavit
that the complaint is true, signed by
Malcolm Mcintyre, B. E. Shafer, nj.
Danielson, and FL. Ludtke. The aft
davit is datee yesterday. The COM
plant cites about the same facts
as that of Ludtke, and is intended to
comply with the criticisms of the
court upon that complaint. w. Il.
Geddes and A. M. Rutan appear fol
Mr.. Badde.
Mr.. Fletcher did not learn of the
decision of the court in the first case
until informed this afternoon by, {
FREE PRESS reporter. He was ex