LEVINSKI v. WILLIAMSON

1. Lease — Removal of Fixtures — Restoration of Premises — Injunction.

A tenant who had placed a plate glass front in the rented building under a contract giving him the right to remove same on expiration of term, restoring the front to the same condition as before, and who was proceeding to remove the front without arrangement for or assurance of such restoration, he being insolvent and having already by its unskillful insertion damaged the building to the amount of the fixtures, was properly enjoined at suit of the owner from removal thereof, his damage from loss of the fixture being offset by that caused by its insertion.

A party who has taken a non-suit can not thereafter assign errors on appeal.

KEY, ASSOCIATE JUSTICE.

Opinion. — We have considered all the questions presented in the briefs. There is evidence in the record that will support the material averments of the petition of the plaintiffs Geo. B. and Edna L. Gurley for the injunction and as to damages, and the finding, that the damages sustained by the defendant, Levinski, are offset, as held by the court below, by those sustained by said plaintiffs; and, such being the facts, the injunction was properly issued and perpetuated.

The plaintiffs R.N. and Bettie Williamson, having taken a non-suit, can not appear in this court and assign error upon the action of the court in holding that they were not shown to have any interest in the subject-matter of the suit. Having taken a non-suit, they are not parties to the suit, and cannot be heard to complain.

The judgment of the court below will be affirmed.

Affirmed.