MERGENSCHROER v. ASHLEY

No. 5-4603.

429 S.W.2d 120 (1968)

244 Ark. 1238

Pete C. MERGENSCHROER et al., Appellants, v. Gerald ASHLEY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 15, 1968.


Attorney(s) appearing for the Case

Jack Sims, Little Rock, for appellants.

No brief for appellee.


BYRD, Justice.

Appellants Pete C. Mergenschroer et al. appeal from a chancery decree refusing to enjoin appellee Gerald Ashley's operation of Jo-Jo's Bar-B-Que at 3401 Parker Street, North Little Rock, as a nuisance, and refusing to cause appellee to remove as an obstruction that portion of his barbecue pit that extended into the street right of way. For reversal appellant relies upon the following points:

I. The Chancellor erred in holding that the North...

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