Prader v. Purkett
California Supreme Court
Appeal from the Sixth District. August, 1856, Ami M. White obtained a restraining order from the Sixth District Court, in a suit by her against plaintiff, Joseph Prader and Prescott Robinson. This order was issued by the Judge, before complaint filed, in a usual form, thus: “ On filing the complaint in this cause, and bond in the sum of, etc. let defendant show cause, etc. why an injunction should not issue, and in the meantime let an order issue restraining,” etc.
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Appeal from the Sixth District. August, 1856, Ami M. White obtained a restraining order from the Sixth District Court, in a suit by her against plaintiff, Joseph Prader and Prescott Robinson. This order was issued by the Judge, before complaint filed, in a usual form, thus: “ On filing the complaint in this cause, and bond in the sum of, etc. let defendant show cause, etc. why an injunction should not issue, and in the meantime let an order issue restraining,” etc. Upon the hearing of the rule against defendants, made at the same time, to show cause why an injunction should not issue, the…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
This is an action on an undertaking executed in a chancery case, pursuant to the order of the Judge for a temporary injunction. It is objected that the statute does not provide for an undertaking in such a case. But whether this point be sustained *591by a right interpretation of the statute or not, we think that as the Chancellor had taken jurisdiction of the general subject, he had power to make this order as any other order in the progress of the case, for the furtherance of the objects of the litigation, and the protection of the subject matter of it.
2. It is next…
2Cases cited1 opinion
- Jackson v. Superior CourtCalifornia Supreme Court · 1937
3Cited by4 opinions
- Ex Parte GrimesCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte GrimesSupreme Court of Oklahoma · 1908
- Browner v. DavisCalifornia Supreme Court · 1860
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897