Sheppard filed a petition against the Board of Commissioners of Washington County and the State Highway Department, seeking cancellation of a contract, and injunction. On presentation of the petition, the presiding judge issued a rule nisi and a temporary restraining order, setting a date prior to the return term for a hearing on the question of the grant of an interlocutory injunction. On the hearing the issue was submitted on the petition and a demurrer. The judge considered the demurrer on the merits of the question, and rendered a judgment denying an interlocutory injunction and dissolving the restraining order previously granted. The plaintiff excepted.

The court did not err in refusing to grant an interlocutory injunction.

Judgment affirmed.