Kelly v. Pulaski Stave Co.
Court of Appeals of Kentucky
CASE 18 — APPLICATION TO A JUDGE OP THE COURT OP APPEALS TO REINSTATE A RESTRAINING ORDER OBTAINED PROM A CLERK OP THE LEE CIRCUIT COURT IN AN ACTION OP ONE KELLY AND OTHERS AGAINST THE PULASKI STAVE CO. AND OTHERS AND BY THE JUDGE OP THE SAID CIRCUIT COURT SUBSEQUENTLY DISSOLVED. Motion to reinstate restraining order overruled. Motion heard in chambers.
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
In chambers.
The plaintiff in an action at law in the nature of an action of trespass obtained a restraining order from the clerk of the Lee circuit court against the defendant’s cutting and removing timber from a certain boundary of land, claimed in the petition to belong to the plaintiff. The temporary restraining order was granted by the clerk without notice to the defendants because of the immediate urgency set forth in the plaintiffs’ complaint. The order was granted under section 276 of the Civil Code of Practice. The defendants gave notice of…
2Cases cited2 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Matthews v. RogersCourt of Appeals of Kentucky · 1899
3Cited by3 opinions
- Moss v. EubankCourt of Appeals of Kentucky · 1917
- Bennett v. BlankenshipCourt of Appeals of Kentucky · 1917
- Hollingsworth v. AveyCourt of Appeals of Kentucky · 1918