Gilbert v. Elder

BUDGE, J.,

specially concurring. — To my mind the pertinent question here presented is whether the trial court by making and entering its order of October 13, 1943 superseding or staying the preliminary injunction granted October 12, 1943, exercised a sound judicial discretion or abused such discretion. As I read and understand the record there was a total failure on the part of defendant to make any showing that would set in action the discretion of the court to modify, stay or supersede the preliminary injunction. In Safford v. Flemming, 13 Ida. 271, 89 P. 827, it is said that the granting…