Rohrer

The court below denied defendant’s motion—heard on the plaintiff’s complaint alone—to dissolve a preliminary injunction restraining defendant, during the pendency of the action, from “ removing or molesting” certain fifty tons of hay, which same was grown and stacked, it seems, on land forming part of the estate of plaintiff’s testator, and the question is whether sufficient facts are stated in the complaint to justify the issuance of the writ. It is there alleged, among other matters, that plaintiff, as executrix, is the-owner of the hay, and that defendant, without right, has commenced hauling the same from the stacks and feeding it to cattle and other livestock, and threatens to *125 remove the whole of it and feed it to such stock, and will do so unless enjoined; that he is without means to respond in damages, and, if he is permitted to remove the hay, plaintiff will be irreparably injured. Defendant argues that plaintiff has ample remedy in the ordinary course of law, and therefore that no injunction lies.

The complaint is meager in its detail of facts tending to show that plaintiff is remediless unless the writ of injunction is interposed in her behalf; but so much latitude…