Thompson v. Benepe
Supreme Court of Iowa
Appeal from Jasper Circuit Court. An injunction was issued in this case, which the defendant moved to dissolve. The motion was overruled, and_ the defendants appeal.
1Opinion of the CourtSeevers, J.
The circuit court was in session from December 1 until December 11, 1881, except during the intervening Sunday. The injunction was granted by the judge of said court on the fourth day of December, and such allowance indorsed on the petition. The injunction was after-wards issued by the clerk.
Counsel for the defendants contend that a judge has no power to grant an injunction during the time the court is in session, and therefore the motion to dissolve should have been sustained. The record fails to show that the allowance was made while the court was actually in session. We must therefore…
2Cited by7 opinions
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- Rhodes-Burford Furniture Co. v. MattoxIndiana Court of Appeals · 1895
- State ex rel. Haugan v. DenisSouth Dakota Supreme Court · 1918
- Dayton v. BechlySupreme Court of Iowa · 1932
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