Gardner v. Perkins
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, County of Shasta.
1Opinion of the CourtField, J.
Where the motion is made upon hill and answer alone, the general rule is to dissolve the injunction, if the answer denies all the equities of the bill. (Hoffman v. Livingston, 1 Johns. C., 211; Livingston v. Livingston, 4 Paige, 111.) There are exceptions to the rule, but they depend upon the special circumstances of the particular cases. (Dean v. Coddington, 2 Johns. C., *554202.) There is nothing disclosed in the record which should take the present case from its operation.
Judgment affirmed.
2Cases cited1 opinion
- Livingston v. LivingstonNew York Court of Chancery · 1833
3Cited by3 opinions
- Burnett v. WhitesidesCalifornia Supreme Court · 1859
- Lady Bryan Gold & Silver Mining Co. v. Lady Bryan Mining Co.Nevada Supreme Court · 1868
- Real Del Monte Consolidated Gold & Silver Mining Co. v. Pond Gold & Silver Mining Co.California Supreme Court · 1863