Leonard v. Ozark Land Co.
Supreme Court of the United States
ORIGINAL MOTIONS MADE IN OASES PENDING IN THIS COURT ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This was a motion for a modification of the supersedeas, or more properly, perhaps, for a modification of the injunction contained in the decree appealed from.
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ORIGINAL MOTIONS MADE IN OASES PENDING IN THIS COURT ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This was a motion for a modification of the supersedeas, or more properly, perhaps, for a modification of the injunction contained in the decree appealed from. The bill prayed, among other things, for an injunction restraining “ the defendant, Leonard, from cutting or removing any trees, logs or timber, or any staves manufactured from any trees or timber,'from any of the lands ” in controversy. In the decree, the defendants were “perpetually enjoined…
1Opinion of the CourtChief Justice Waite
After stating the facts in the language above reported, he continued:
The injunction ordered by the final decree was not vacated by the appeal. Slaughter-House Cases, 10 Wall. 273, 297; Hovey v. McDonald, 109 U. S. 150, 161. It is true that in some of the Slaughter-House Cases the appeal was from a decree making perpetual a preliminary injunction which had been granted at an earlier stage of the case,, but the fact of the preliminary injunction had nothing to do with the decision, which was “ that neither an injunction nor a decree dissolving ah injunction is reversed or nullified by an appeal…
2Cases cited2 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
3Cited by30 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Merrimack River Savings Bank v. City of Clay CenterSupreme Court of the United States · 1911
- Cumberland Telephone & Telegraph Co. v. Louisiana Public Service CommissionSupreme Court of the United States · 1922
- Ford v. StateCourt of Appeals of Texas · 1919
- Tulare Irrigation District v. Superior CourtCalifornia Supreme Court · 1925
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