Blinn v. Hutterische Society of Wolf Creek
Montana Supreme Court
Appeal from District Court, Fergus County; Jack Briscoe, Judge. Action by Edmund B. Blinn and another against the Hutterische Society of Wolf Creek, a corporation, and others. From an order dissolving a temporary injunction, plaintiffs appeal. The appellants were not entitled to an injunction upon the facts. The action is not one of trespass. There is no allegation of any threatened injury to the freehold, or that respondents are insolvent.
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Appeal from District Court, Fergus County; Jack Briscoe, Judge. Action by Edmund B. Blinn and another against the Hutterische Society of Wolf Creek, a corporation, and others. From an order dissolving a temporary injunction, plaintiffs appeal. The appellants were not entitled to an injunction upon the facts. The action is not one of trespass. There is no allegation of any threatened injury to the freehold, or that respondents are insolvent. There is not any showing that the threatened injury cannot be amply compensated in damages. The crops of wheat and rye are emblements,—fructus…
1Opinion of the CourtJustice Holloway
On the day that this action was commenced, the affidavit of D. S Greenwood was filed on behalf of the plaintiffs, and thereafter, on the complaint and that affidavit and without notice to the defendants, an injunction was issued restraining the defendants, their agents and employees, from entering upon the lands described in the complaint, and from harvesting, threshing or removing the crops of fall wheat and rye, and from interfering in any manner with the plaintiffs in their use and occupation of the lands. Immediately upon service of the injunction and before answer was made, or required…
2Cases cited11 opinions
- Black v. JacksonSupreme Court of the United States · 1900
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- Hall v. HenningerSupreme Court of Iowa · 1909
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