Legal Opinion

Patterson v. Board of Supervisors

California Supreme Court

Decided July 1, 1875No. 4667PublishedCited by 11 opinions

Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The plaintiff was an owner of real estate, and a taxpayer in the county of Santa Cruz, and, as such, on behalf of himself and others who owned real estate and taxable property in the county, filed a bill in equity to enjoin the supervisors of said county from issuing to the Santa Cruz Railroad Company bonds of the county to the amount of two hundred and forty thousand dollars, under an act…

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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The plaintiff was an owner of real estate, and a taxpayer in the county of Santa Cruz, and, as such, on behalf of himself and others who owned real estate and taxable property in the county, filed a bill in equity to enjoin the supervisors of said county from issuing to the Santa Cruz Railroad Company bonds of the county to the amount of two hundred and forty thousand dollars, under an act approved April 4, 1870, entitled “An Act to empower the Board of Supervisors of the several counties of the State to aid in…

1Opinion of the Court

By the Court:

The granting or continuing of a preliminary injunction is often a matter of discretion, and this Court ought not to reverse the action of the District Court in that regard, except when there is manifest mistake or an abuse of discretion. (Godey v. Godey, 39 Cal. 157.)

In view of the gravity of the questions involved in this case, and the circumstance that the dissolution of the restraining order might possibly produce great evil, while its continuance can produce no serious injury, we are unwilling to say that there was an abuse of discretion or a manifest mistake in making the…

2Cases cited1 opinion

  1. De Godey v. GodeyCalifornia Supreme Court · 1870

3Cited by11 opinions

  1. Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
  2. Socialist Workers 1974 California Campaign Committee v. BrownCalifornia Court of Appeal · 1975
  3. North Coast Coalition v. WoodsCalifornia Court of Appeal · 1980
  4. Flood v. E. L. Goldstein Co.California Supreme Court · 1910
  5. Porters Bar Dredging Co. v. BeaudryCalifornia Court of Appeal · 1911

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