Price v. Grice
Idaho Supreme Court
APPEAL from the District Court of Latah County. Honorable E. C. Steele, Judge. Application to dissolve temporary injunction. The facts are stated in the opinion. The facts alleged necessarily must be alleged positively, not merely on information and belief.
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APPEAL from the District Court of Latah County. Honorable E. C. Steele, Judge. Application to dissolve temporary injunction. The facts are stated in the opinion. The facts alleged necessarily must be alleged positively, not merely on information and belief. Where a verified complaint, instead of an affidavit, is used on motion for an injunction, only the positive allegations and those on information and belief, where the sources of information and the grounds of belief are stated can be taken as true. (Gaines v. Stroufe, 117 Fed. 965; Foster v. Retail Clerics' International Protective Assn.,…
1Opinion of the Court
SULLIVAN, C. J. —
This action was brought to restrain the appellant from selling or disposing of certain personal property described in the complaint and for an accounting between the plaintiff and defendant, and for judgment for the value of any and all property unaccounted for by the defendant. Upon the verified complaint, the court ordered the defendant to show cause why an injunction should not issue as prayed for, making the same returnable at Grangeville, Idaho county, on the fifteenth day of September, 1904. And at the same time issued a temporary restraining order against the…
2Cases cited3 opinions
- Staples v. RossiIdaho Supreme Court · 1901
- Meyer v. First National Bank of Coeur d'AleneIdaho Supreme Court · 1904
- Gaines & Co. v. SroufeU.S. Circuit Court for the District of Northern California · 1901
3Cited by27 opinions
- Rowland v. Kellogg Power & Water Co.Idaho Supreme Court · 1925
- Barnett v. ReedIdaho Supreme Court · 1969
- Shelton v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 1947
- MacWatters v. StockslagerIdaho Supreme Court · 1917
- Unity Light & Power Company v. City of BurleyIdaho Supreme Court · 1961
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