Cooper v. City of Mineral Point
Wisconsin Supreme Court
APPLICATION for a Writ of Injunction. While the above entitled canse was pending in the circuit court for Iowa county, the plaintiff applied to this court for a writ of injunction against the defendants, basing such application upon the original complaint supported by certain affidavits. The defendants, upon the answer filed in the court below, supported by affidavits, resisted the application.
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APPLICATION for a Writ of Injunction. While the above entitled canse was pending in the circuit court for Iowa county, the plaintiff applied to this court for a writ of injunction against the defendants, basing such application upon the original complaint supported by certain affidavits. The defendants, upon the answer filed in the court below, supported by affidavits, resisted the application. After the decision here reported, the parties had leave to withdraw, and did withdraw, the papers from the files of this court. The general character of the action in which this application was made,…
1Opinion of the CourtDixoN, C. J.
The court is not prepared to deny the correctness of the proposition that sec. 8 of art. YII of the constitution vests in this court original jurisdiction to issue the writ of injunction in a proper case. That section underwent very thorough examination in Attorney General v. Blossom, 1 Wis., 317; and it would seem to be'quite inconsistent with the reasoning of the court and the conclusion arrived at in that case, to hold that such power is not vested in this court as part of its original, and not of its appellate, jurisdiction. As incidental to its appellate jurisdiction, and necessary to…
2Cases cited2 opinions
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1856
3Cited by3 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910