Legal Opinion

Fassbender v. Peters

Wisconsin Supreme Court

Decided February 6, 1923PublishedCited by 7 opinions

1Opinion of the CourtVinje, C. J.

It is a well known doctrine that the granting or refusing of an injunction pendente lite is a matter within the sound discretion of the trial court and that its order, will not be reversed unless an abuse of discretion is shown. Valley I. W. Mfg. Co. v. Goodrick, 103 Wis. 436, 444, 78 N. W. 1096. It is also a general rule , that the status quo will be preserved where there is an unqualified denial of plaintiff’s right. Milwaukee E. R. & L. Co. v. Bradley, 108 Wis. 467, 84 N. W. 870. But the rule is subject to many exceptions. Probable insolvency of defendant, irreparable loss to plaintiff…

2Cases cited4 opinions

  1. Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
  2. Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
  3. DePauw v. OxleyWisconsin Supreme Court · 1904
  4. Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1908

3Cited by7 opinions

  1. CODEPT, INC. v. More-Way North Corp.Wisconsin Supreme Court · 1964
  2. Culligan, Inc. v. RheaumeWisconsin Supreme Court · 1955
  3. Wisconsin Co-operative Milk Pool v. Saylesville Cheese Manufacturing Co.Wisconsin Supreme Court · 1935
  4. Akin v. Kewaskum Community SchoolsWisconsin Supreme Court · 1974
  5. State Ex Rel. Attorney General v. ManskeWisconsin Supreme Court · 1939

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