Burton v. Walker
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by L. H. Burton and wife against A. A. Walker, justice of the peace, and M. L. Shanks. From an order granting an injunction, defendants appeal. Extraordinary relief by injunction granted only when irreparable injury will be suffered, and there is no adequate remedy at law. 10 Enc. PI. & Pr. 950-958; 16 Am. & Eng. Enc. of Law, 360 ; High on Injunctions, 24, 25, 118-120; Pom. Eq.
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Appeal from District Court, Cass county; Pollock, J. Action by L. H. Burton and wife against A. A. Walker, justice of the peace, and M. L. Shanks. From an order granting an injunction, defendants appeal. Extraordinary relief by injunction granted only when irreparable injury will be suffered, and there is no adequate remedy at law. 10 Enc. PI. & Pr. 950-958; 16 Am. & Eng. Enc. of Law, 360 ; High on Injunctions, 24, 25, 118-120; Pom. Eq. Jur., sections 1347-1358. It is not claimed that defendant is insolvent. The property was attached, which presumes an adequate attachment bond; and if…
1Opinion of the CourtYoung, C. J.
The defendants have appealed from an order of the district court overruling their motion to set aside a temporary injunction which was issued and served with the summons and complaint in this action. The order in question enjoined the defendants from advertising and selling two trunks and their contents, which are owned by the plaintiffs, and were seized and are now held by the deputy sheriff under a writ of attachment issued from the justice court of the defendant A. A. Walker in an action wherein the defendant Shanks was plaintiff and these plaintiffs were defendants. The action in j-ustice…
2Cases cited2 opinions
- Forman v. HealeyNorth Dakota Supreme Court · 1903
- McClure v. HunnewellNorth Dakota Supreme Court · 1904
3Cited by7 opinions
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- Gunsch v. GunschNorth Dakota Supreme Court · 1954
- Brace v. Steele CountyNorth Dakota Supreme Court · 1950
- Brace v. Steele CountyNorth Dakota Supreme Court · 1950
- Brace v. Steele CountyNorth Dakota Supreme Court · 1950
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