Sipe v. Sayer

In my opinion, the plaintiffs prayed for a temporary injunction. They prayed that "writ of injunction issue out of this court, restraining defendants, and each of them, from selling said property so illegally levied upon * * *." Standing alone, that part of the prayer could, of course, have referred either to a preliminary injunction or a permanent injunction, but its meaning is made certain, I think, by the succeeding clauses reading: "and that defendants be cited to appear and answer, and that upon final hearing that said injunction be made permanent." (Italics ours). The first part of the…