Bailey Wringing Machine Co. v. Adams

McKENNAN, Circuit Judge.

A motion for a provisional injunction is always an appeal to the discretion of the court, but, in the class of cases to which the present one belongs, such discretion ought to be exercised only when “the complainant’s title, and the defendant’s infringement, are admitted, or are so clear and palpable that the court can entertain no doubt on the subject.” “The court are not bound, at this stage of the cause, to decide doubtful and difficult questions of law, or disputed questions of fact, nor exercise this high and dangerous power (if exercised rashly) in doubtful…