Mahncke v. City of Tacoma
Washington Supreme Court
Appeal from District Court, Pierce County. Tbe facts sufficiently appear in tbe opinion. If tbe order denies tbe motion for injunction and dismisses tbe bill or action, it is appealable. Higb on Injunctions, § 1795 (2d ed.); Obershotler v. Leubbering, 4 Mo.
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Appeal from District Court, Pierce County. Tbe facts sufficiently appear in tbe opinion. If tbe order denies tbe motion for injunction and dismisses tbe bill or action, it is appealable. Higb on Injunctions, § 1795 (2d ed.); Obershotler v. Leubbering, 4 Mo. App. 481; Liens v. Mabee, 25 Ill. 247; Shaiu v. Hill, 67 Ill. 455; Weaver v. Poyer, 70 Ill. 567; Prout v. Lomer, 79 Ill. 331. Tbe granting or refusing to grant a temporary injunction or restraining order is a matter resting in the sound discretion of tbe court, and will not be interfered with, and from which an appeal will not lie. People…
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.
The appeal in this case is from an order refusing appellants a temporary injunction, and also dismissing the action. Appellees moved to dismiss on the ground that no appeal lies from such an order.
Under the organic act no appeal could have been taken from an order refusing a temporary injunction, as the same is not a final decision. And had the order stopped with refusing the injunction the appeal would not lie. This goes further, however, and purports to summarily dismiss the suit. The complaint states a cause of action, and, from the bare…
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