Hecla Mining Co. v. Smith

(dissenting) — This decision is utterly adverse to the very great weight of authority on the matter, and to just reasoning and principles.

A sufficient statement of the case is not set out in the prevailing opinion. The relief prayed for in the complaint in the action in which a temporary restraining order was issued was for injunctive relief only. It is true that, in the amended complaint, certain expenses of examination of the properties of defendants, against whom the action was brought, were alleged; but the entire relief demanded was injunctive relief, and such other and further relief as…