Legal Opinion

Holliston v. Ernston

Supreme Court of Minnesota

Decided February 14, 1913No. Nos. 17,948—(192)PublishedCited by 9 opinions

Action in the district court for Yellow Medicine county to restrain defendants from individually operating an omnibus or baggage line in the city of Granite Falls. Defendants answered separately.

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Action in the district court for Yellow Medicine county to restrain defendants from individually operating an omnibus or baggage line in the city of Granite Falls. Defendants answered separately. The case was tried before Qvale, J., who made findings and as conclusion of law found that plaintiff was entitled to judgment and ordered entry of judgment enjoining defendants from driving a bus in the' city of Granite Falls so long as plaintiff should continue in his present employment. From the order wherein defendants were restrained from driving a bus in the city of Granite Falls so long as…

1Per curiam

The respondent has not raised the point that the order is not appealable, but at the argument counsel’s attention was directed to the proposition by the court. Subdivision 2 of section 4365, R. L. 1905, provides that an aggrieved party may appeal from an order “which grants, refuses, dissolves, or refuses to dissolve, an injunction.” But it is clear that this refers to an order which in and of *508itself grants or refuses the injunction. Where the injunction asked for is granted by an order upon motion and hearing had, such order neither contemplates nor directs a judgment to be entered tó carry…

2Cases cited5 opinions

  1. City of Winona v. HuffSupreme Court of Minnesota · 1866
  2. Prahl v. County of BrownSupreme Court of Minnesota · 1908
  3. County of Renville v. City of MinneapolisSupreme Court of Minnesota · 1910
  4. Johnson v. Northern Pacific, Fergus Falls & Black Hills Railway Co.Supreme Court of Minnesota · 1888
  5. Doran v. KennedySupreme Court of Minnesota · 1912

3Cited by9 opinions

  1. Schaust v. TOWN BD. OF HOLLYWOOD TP., CARVER CTY.Supreme Court of Minnesota · 1973
  2. The Minnesota Daily v. University of MinnesotaCourt of Appeals of Minnesota · 1988
  3. Saric v. StoverCourt of Appeals of Minnesota · 1990
  4. Wilson v. TauerSupreme Court of Minnesota · 1920
  5. Matter of SchuellerCourt of Appeals of Minnesota · 1988

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