FELTON, C. J.
The defendant contends that in the mandamus proceeding the plaintiffs took a certain legal position in which they prevailed and are now seeking to take an inconsistent legal position which they are estopped from doing. In their petition for mandamus the plaintiffs alleged: "Plaintiffs show that they have and will suffer pecuniary loss for which they cannot be compensated in damages, since they are prevented from having the use, convenience, pleasure...
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