Wilcox

This is an appeal from a judgment of nonsuit granted on the ground that “the facts do not make out any cause of action against the defendants, or either of them, in behalf of plaintiffs, or either of them.” Both parties to this action contend that the court granted the said judgment on two grounds: (1) That the complaint does not state facts sufficient to constitute a cause of action; and (2) That at the trial plaintiffs failed to make out a case ■against the defendants, or either of them. In this they are both wrong. The record discloses the following facts: (1) That a demurrer, general and special in terms, was interposed to plaintiffs’ second amended complaint—which is the complaint set out in the transcript—and the same ivas overruled; (2) That on the day of trial defendants objected to the introduction of any testimony on the ground that the complaint did not state a cause of action. This was denied. The court took all the testimony that plaintiffs desired to offer, and at the close of plaintiffs’ ease granted the motion referred to herein.

The action is one asking for an injunction enjoining the defendants, and each of them, from permitting certain ‘buildings to remain upon…