Cooper v. Tappan
Wisconsin Supreme Court
APPEAL m EQUITY FROM DANE CIRCUIT COURT. The complainants filed their bill in the Circuit Court of Dane county, the object and prayer of which were to restrain the defendant from the collection of a judgment at law, recovered against them by the defendant for some $2,100. On application to the judge of the circuit in March, 1855, in vacation, a temporary injunction was allowed, and the defendant was ordered to show cause at the next regular term of the circuit, why “ a…
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APPEAL m EQUITY FROM DANE CIRCUIT COURT. The complainants filed their bill in the Circuit Court of Dane county, the object and prayer of which were to restrain the defendant from the collection of a judgment at law, recovered against them by the defendant for some $2,100. On application to the judge of the circuit in March, 1855, in vacation, a temporary injunction was allowed, and the defendant was ordered to show cause at the next regular term of the circuit, why “ a general injunction should not issue in said cause, as prayed for in said bill.” The temporary injunction was allowed, upon…
1Opinion of the Court
By the Court,
Whitoh, C. J.
It is not, perhaps, entirely clear, whether the appeal in this case is from the order made by the court below overruling the motion to dissolve the injunction, or from the order continuing it in force. It is contended on the part of the appellees that it is from the latter, and that no ap-jjfeal will be entertained, by this court, from such an order.
The reason given to show that an appeal will not lie from an order of this description, is, that when, as in this case, an injunction is allowed in vacation, ex parte, it expires by force of Eule 60, of the Circuit Court…
2Cases cited2 opinions
- Livingston v. HarrisNew York Court of Chancery · 1831
- Tupper v. PowellNew York Court of Chancery · 1815
3Cited by6 opinions
- Newman v. KershawWisconsin Supreme Court · 1860
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Dickson v. HarrisSupreme Court of Iowa · 1883
- Gillmann v. HenryWisconsin Supreme Court · 1881
- Davy v. KelleyWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.