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232 Ind. 566

Yateman v. Smith

Indiana Supreme Court

Decided October 8, 1953

Indiana Supreme Court · decided 1953-10-08

Relies on Tuf-Tread Corp. v. Kilborn

Decided 1953-10-08

Flanagan, J.

¶1Appellants were in possession of certain real estate in Marion County, Indiana. After due trial, the Marion Circuit Court entered judgment *567against them that they be dispossessed. They filed this action against the Sheriff of Marion County, seeking to enjoin him from enforcing execution of that judgment. The basis of the action was that appellants had suits pending seeking to set aside the involved judgment. The trial court refused to grant a temporary injunction and this appeal followed.

¶2An application for a temporary injunction is addressed to the sound discretion of the trial court. Tuf-Tread Corp. v. Kilborn (1930), 202 Ind. 154, 172 N. E. 353. The appellants do not point out, nor do we find, any abuse of discretion by the trial court in this case.

¶3Judgment affirmed.

¶4Gilkison, J., not participating.

¶5Note. — Reported in 114 N. E. 2d 639.

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