Davies v. Johnson
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OE EACTS. An action to recover damages resulting from an alleged breach of covenant in a lease of farm lands, and for an injunction restraining the lessees from further .breaching the covenant of the lease.
Read the full summary
APPEAL from a judgment of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OE EACTS. An action to recover damages resulting from an alleged breach of covenant in a lease of farm lands, and for an injunction restraining the lessees from further .breaching the covenant of the lease. The court, ex parte, issued an order to show cause, if any defendants had, why an interlocutory injunction prayed for in the complaint be not granted, and pending a hearing on such rule a restraining order was made. Upon hearing, after notice, on March 9, 1920, the court “ordered that said…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.)- — The appellee has moved to dismiss this appeal upon the grounds that the order is not appeal-able. We conditionally denied the motion, but permitted the parties to present the question at the hearing of the appeal.
Upon mature consideration of the question we are satisfied paragraph 1227, subdivision 2, grants the right to appeal from an order granting an injunction at any stage of the case in which the application is made. Judge SAWYER, speaking for the Supreme Court of California in Sullivan v. Triunfo G. & S. M. Co., 33 Cal. 385, passing on the statute…
2Cases cited2 opinions
- Anderson v. Neal Institutes Co.California Court of Appeal · 1918
- Sullivan v. Triunfo Gold & Silver Mining Co.California Supreme Court · 1867
3Cited by4 opinions
- Bulova Watch Co. v. Super City Department Stores of Arizona, Inc.Court of Appeals of Arizona · 1967
- Mandraes v. HungerfordArizona Supreme Court · 1981
- Titus v. Superior Court, Maricopa CountyArizona Supreme Court · 1962
- Bank of Arizona v. Superior CourtArizona Supreme Court · 1926