Anderson v. Englehart
Wyoming Supreme Court
Error to the District Court, Carbon 'County; Hon. David H. Craig, Judge. The material facts are stated in the opinion. Although the statute implies that an injunction may be granted without notice, we submit that the practice of the District Court in granting an injunction or any other extraordinary remedy on an ex parte hearing should be discouraged.
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Error to the District Court, Carbon 'County; Hon. David H. Craig, Judge. The material facts are stated in the opinion. Although the statute implies that an injunction may be granted without notice, we submit that the practice of the District Court in granting an injunction or any other extraordinary remedy on an ex parte hearing should be discouraged. Neither the letter nor the spirit of the statute intends that an injunction may be granted without notice on such a doubtful and uncertain showing as made in the petition in this case. The power should not be so exercised, except to prevent…
1Opinion of the Court
Potter, Chiee Justice.
This is a proceeding in error for the review of an order denying a motion to dissolve a temporary injunction. The action was brought to recover judgment upon certain notes, and to foreclose a real estate mortgage given to secure said notes. An injunction was also prayed for to restrain the threatened removal from the mortgaged premises of certain described articles alleged to constitute part of the realty and to be permanent fixtures thereto, and necessary for the conduct of the business theretofore carried on upon said premises. The injunction complained of was issued…
Also in this document: Concurrence.
2Cases cited9 opinions
- Miller v. WaddinghamCalifornia Supreme Court · 1891
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
- Fairbank v. CudworthWisconsin Supreme Court · 1873
- Collins v. StanleyWyoming Supreme Court · 1907
- Vanderslice v. KnappSupreme Court of Kansas · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Martinez v. StateWyoming Supreme Court · 1980
- Rocky Mountain Helicopters, Inc. v. Air Freight, Inc.Wyoming Supreme Court · 1989
- Matter of Various Water Rights in Lake DeSmetWyoming Supreme Court · 1981
- Bacon v. Carey Co.Wyoming Supreme Court · 1983
- Davis v. Consolidated Oil & Gas, Inc.Wyoming Supreme Court · 1990
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