Fuson v. Connecticut General Life Ins.
Supreme Court of Iowa
Appeal from an order granting an iavjtmction by Hon. J. R. Reed, District Judge. The action was brought to obtain an injunction to restrain a sheriff’s sale. The ground upon which the injunction is sought is that the property had already been offered upon execution and bid in by the defendant company, and that the company should be bound by such bid, and not be allowed to cause the property to be offered again for the same debt.
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Appeal from an order granting an iavjtmction by Hon. J. R. Reed, District Judge. The action was brought to obtain an injunction to restrain a sheriff’s sale. The ground upon which the injunction is sought is that the property had already been offered upon execution and bid in by the defendant company, and that the company should be bound by such bid, and not be allowed to cause the property to be offered again for the same debt. The application for the injunction was resisted upon the ground that the agent of the company in bidding at the sale exceeded his authority by mistake, bidding more…
1Opinion of the Court
Adams, Ch. J., iuMci™in-alce junction. It is insisted by the plaintiff that the injunction having been granted, it should be allowed to stand until the final hearing, and the case is determined M?011 its merits. The granting, as well as the dissolving, of an injunction rests much in the discretion of the court, and such discretion will not be controlled by the appellate court, except where there is a manifest abuse af discretion, or mistake of law. Hilliard on Injunctions, page 107; Johnson v. Allen, 35 Ga., 252; Howell v. Lee, 36 Ga., 76; De Godey v. De Godey, 37 Cal., 157.
In the-case at bar…
2Cases cited2 opinions
- Howell v. LeeSupreme Court of Georgia · 1867
- Johnson v. AllenSupreme Court of Georgia · 1866
3Cited by7 opinions
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Union Terminal Co. v. Wilmar & Sioux Falls Railway Co.Supreme Court of Iowa · 1902
- Estate of Maceo v. Comm'rUnited States Tax Court · 1964
- Equitable Life Insurance v. CarpenterSupreme Court of Iowa · 1927
- State Bank v. BrownSupreme Court of Iowa · 1905
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