I have examined this case with the judge who delivers this opinion, and concur for the reasons therein stated.
It is therefore ordered, adjudged and decreed, that the judgment of the district court be annulled, avoided and reversed, and this court proceeding to give such a judgment, as in their opinion ought to have been given in the district court; it is ordered, adjudged and decreed, that the injunction be dissolved, and that the plaintiff pay costs in both courts.