Marshall-Wells Hardware Co. v. New Era Coal Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; C. A. Pollock, Judge. Action by the Marshall-Wells Hardware Company against the New Era Coal Company and others. Judgment for plaintiff, and the Second National -Bank of Minot appeals.. A court cannot restrain proceedings begun in pursuit of a statutory right. This would place the judicial above the legislative branch of the government. High on Injunctions, section 29; Brown’s Appeal, 66 Pa.
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Appeal from District Court, Cass county; C. A. Pollock, Judge. Action by the Marshall-Wells Hardware Company against the New Era Coal Company and others. Judgment for plaintiff, and the Second National -Bank of Minot appeals.. A court cannot restrain proceedings begun in pursuit of a statutory right. This would place the judicial above the legislative branch of the government. High on Injunctions, section 29; Brown’s Appeal, 66 Pa. St. 155. Section 4796, Rev. Codes, having provided a remedy against the property, it was error to enjoin the use of it. , Section 5046, Rev. Codes, 1899,…
1Opinion of the CourtMorgan, J.
This action is brought by the plaintiff on behalf of itself and all other creditors of the New Era Coal Company, a corporation organized under the laws of this state. The plaintiff furnished the New Era Coal Company goods and merchandise, for which payment has been refused. Other claims for merchandise by other persons against this corporation, duly assigned to the plaintiff, are also included in plaintiff’s cause of action. The coal company is alleged to be insolvent, and its directors and stockholders are made defendants in this action, and judgment is asked against them for these…
2Cases cited3 opinions
- Booth v. DearWisconsin Supreme Court · 1897
- Clarke v. Banner & Volksfreund Printing Co.Wisconsin Supreme Court · 1880
- Williams v. MeloyWisconsin Supreme Court · 1897
3Cited by5 opinions
- Corrington v. CrosbyNorth Dakota Supreme Court · 1926
- Hanewald v. Bryan's Inc.North Dakota Supreme Court · 1988
- Clinton Mining & Mineral Co. v. BeacomDistrict Court, W.D. Pennsylvania · 1920
- GAC Finance Corp. v. RubidoeauxNew Mexico Supreme Court · 1964
- State v. Movius Land & Loan Co.North Dakota Supreme Court · 1926