Burgess Bros. v. Stewart

Without passing upon the merits of the controversy and following the usual policy of this court on appeals from orders granting injunctions pendente lite, we think that the issues presented by the pleadings should be heard and determined at a trial, and that we should not attempt to decide them upon affidavits. It appears that the case has been reached upon the calendar, and trial may be had immediately. It is only where, accepting plaintiff’s version of the facts so far as there is dispute respecting the same, it seems clear that he is not entitled to the relief sought, *914that the court will…