Forman v. Healey
North Dakota Supreme Court
Appeal from district court, Richland county; W. S. Lauder, J. Action by Frank N. Forman against Simon P. Healey and another. Plaintiff secured a temporary injunction to prevent threatened waste. Defendants subsequently, pendente lite, secured an order setting aside the injunctional order of plaintiff, directing the vacation of the disputed tract by plaintiff, and enjoining plaintiff from interfering with or obstructing defendants’ use and pccupation of the land.
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Appeal from district court, Richland county; W. S. Lauder, J. Action by Frank N. Forman against Simon P. Healey and another. Plaintiff secured a temporary injunction to prevent threatened waste. Defendants subsequently, pendente lite, secured an order setting aside the injunctional order of plaintiff, directing the vacation of the disputed tract by plaintiff, and enjoining plaintiff from interfering with or obstructing defendants’ use and pccupation of the land. From this order the plaintiff appealed. The parties to this controversy are severally located upon a quarter section of government…
1Opinion of the CourtCochrane, J.
(after stating the facts). The appeal in this case is from an interlocutory order in no way affecting its merits upon the issue joined, which has not yet been tried. Plaintiff, in his complaint, bases his cause of action upon his right to possession of the land in question. The injunctional order was procured on showing by affidavit in the action, and, as a provisional remedy only, contains language against plaintiff seldom, if ever, used, except in writs of ejectment, and after full hearing upon the merits, where the right of cross-examination has been secured. Without passing upon the right…
2Cases cited22 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- McHenry v. . JewettNew York Court of Appeals · 1882
- Lacassagne v. ChapuisSupreme Court of the United States · 1892
- Arnold v. BrightMichigan Supreme Court · 1879
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hodous v. HodousNorth Dakota Supreme Court · 1949
- King v. County of StarkNorth Dakota Supreme Court · 1936
- Gunsch v. GunschNorth Dakota Supreme Court · 1954
- Burton v. WalkerNorth Dakota Supreme Court · 1904
- McClure v. HunnewellNorth Dakota Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.