Clancy v. Geb
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Racine -county: E. B. Belden, Circuit Judge. Plaintiff was engaged in tbe business of selling coal and wood at wholesale and retail in tbe city of Racine, and from time to time received shipments of coal in boat loads, which be was compelled to unload; tbis work being done by men in bis employ.
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Appeal from a judgment of tbe circuit court for Racine -county: E. B. Belden, Circuit Judge. Plaintiff was engaged in tbe business of selling coal and wood at wholesale and retail in tbe city of Racine, and from time to time received shipments of coal in boat loads, which be was compelled to unload; tbis work being done by men in bis employ. Tbe complaint stated tbat at tbe time of bringing the action tbe plaintiff was receiving such shipments in lots of from 850 to 6,000 tons, and tbat there were then at 'bis docks two boat loads, one of 1,600 tons and one of 2.100 tons, •wixieib. it was…
1Opinion of the Court
The following opinion was filed October 3, 1905 :
Siebeckek, J.
From the facts as found by the trial court it is apparent that the ground for a perpetual injunction against defendants had ceased to exist at the time of the trial, though a good cause of action existed for temporarily enjoining defendants at the time the action was commenced. The only relief sought in the action was preventive, namely, to enjoin defendants from injuring plaintiff in his business. Under such circumstances the court is justified in refusing to grant the relief of a perpetual injunction and in dismissing the…
2Cases cited14 opinions
- Roberts v. City of LouisvilleCourt of Appeals of Kentucky · 1891
- United States v. Workingmen's Amalgamated Council of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1893
- Reynolds v. . EverettNew York Court of Appeals · 1894
- Hamilton v. WoodSupreme Court of Minnesota · 1893
- Duff v. RussellThe Superior Court of the City of New York and Buffalo · 1891
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