Hunt v. Hunt
Hunt v. Hunt
Opinion of the Court
This is an appeal from an interlocutory order granting a temporary injunction in favor of appellee who sued appellant for a divorce. The injunction restrains appellant from in any manner interfering with plaintiff in the cultivation and harvesting of certain crops, and from interfering with her free exercise of the use of certain teams, tools, and farming implements, and from incumbering the same in any manner, and from “entering, going, or being about the home of plaintiff,” or in “any manner molesting or intruding himself upon the presence of plaintiff.” There, is no contention that the petition fails to state a cause of action.
No briefs have been filed, but appellant presents three assignments of error. The first contention is that the affidavit to the original petition is not sufficient, in that it is not direct and unequivocal. The affidavit is not subject to the criticism directed against it.
The second contention is that the injunction should not have been granted because the petition shows on its face that all of the property enumerated therein is community property and plaintiff has an adequate remedy at law.
The court is expressly authorized by statute to make such temporary orders respecting the property and parties as shall he , deemed necessary and equitable. Article 4639, R. S. 1911.
Judgment affirmed.
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