City of Sacramento v. Southern Pac. Co.

VAN EEEET, District Judge.

An attentive examination of the pleadings and the affidavits used at the hearing, in the light of the very full and thorough presentation of the matter by counsel for both sides, discloses no fact to take the case out of the general and well-settled rule that when, as here, the sworn answer fully and positively, in unequivocal terms, denies all the material allegations of the bill on which the complainant’s asserted equity rests, a preliminary injunction will be denied, or, if previously granted, will be dissolved. High on Injunctions, §§ 698, 1505; Home Insurance…