Kane v. Casgrain
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case sufficiently appears in the opinion. They argued that a final adjudication, in terms, that the plaintiff was not entitled to the injunction at the time he obtained it, was necessary to warrant an assessment of damages. Shearman v. N. Y. Cent. Mills, 11 How. Pr. 271; Benedict v. Benedict, 35 Hun, 305; S. C. 76 N. Y. 600; Meth.
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APPEAL from the County Court of Milwaukee County. The case sufficiently appears in the opinion. They argued that a final adjudication, in terms, that the plaintiff was not entitled to the injunction at the time he obtained it, was necessary to warrant an assessment of damages. Shearman v. N. Y. Cent. Mills, 11 How. Pr. 271; Benedict v. Benedict, 35 Hun, 305; S. C. 76 N. Y. 600; Meth. Ch. of N. Y. v. Barker, 18 N. T. 465. That decision must be upon the merits, after a full hearing. Parish v. Peeve, 63 Wis. 315; Musgrave v. Sherwood, 76 N. Y. 194; 2 High on Injunctions, secs. 1501, 1658; Krug…
1Opinion of the CourtCole, C. J.
A preliminary injunction was granted in this case in November, 1884, by" a court commissioner, re.straining the defendants from entering upon the plaintiffs premises, or injuring the same. An undertaking was given to the effect that the plaintiff would pay the defendants such damages, not exceeding $1,000, as they might sustain b.y reason of the injunction, if the court should finally decide that the plaintiff was not entitled thereto. In November,' 1884, the court vacated the injunction upon the motion of the defendants, based upon the pleadings and affidavits. In March, 1886, an order was…
2Cases cited5 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Dowling v. PolackCalifornia Supreme Court · 1861
- Johnson v. . ElwoodNew York Court of Appeals · 1880
- Pugh's adm'r v. WhiteCourt of Appeals of Kentucky · 1879
- Shearman v. New-York Central MillsNew York Supreme Court · 1855
3Cited by4 opinions
- Avery v. RyanWisconsin Supreme Court · 1889
- Supreme Court of Independent Order of Foresters of Canada v. Supreme Court of the United Order of ForestersWisconsin Supreme Court · 1896
- Wisconsin Marine & Fire Insurance Co. Bank v. DurnerWisconsin Supreme Court · 1902
- Kelley v. MeadSouth Dakota Supreme Court · 1904