DePauw v. Oxley
Wisconsin Supreme Court
Appeal from au order of tlie circuit court for Vilas county W. C. SilveRti-ioRN, Circuit Judge. Appeal from order dated May 26, 1904, vacating temporary injunction entered by the judge ex parte upon the com-' plaint alone.
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Appeal from au order of tlie circuit court for Vilas county W. C. SilveRti-ioRN, Circuit Judge. Appeal from order dated May 26, 1904, vacating temporary injunction entered by the judge ex parte upon the com-' plaint alone. That instrument alleges ownership by plaintiff" of a considerable tract of land in Vilas county, Wisconsin, having a boundary upon a certain lake alleged to be picturesque and beautiful, upon which premises, and approximately fifty feet from the lake, plaintiff had constructed a summer-home for himself and family, with various buildings necessary to their use and comfort,…
1Opinion of the Court
Dodge, J*.
We are somewhat at a loss for the reasons which induced the trial court to vacate the injunction pen-dente lite in this case, where, as will be pointed out later, the *658considerations moving the discretion of the court toward maintenance of such restraint are so strong. We are well-nigh forced to the conclusion that he must have yielded acquiescence to the contention of respondent’s counsel that the complaint fails to state a cause of action, so that there was no field for discretion, but the duty rested on the court to deny temporary restraint pending an action in which no relief…
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