Legal Opinion

State v. Duluth Street Railway Co.

Supreme Court of Minnesota

Decided November 19, 1891PublishedCited by 5 opinions

After the appeal taken from the order dissolving the ex parte injunction, as stated in the opinion, the defendant, the Duluth Street Railway Company, entered upon the premises of Richardson, the plaintiff in the action, and, with a large force of men, proceeded to construct thereon a road-bed for its electric street railway. The plaintiff thereupon procured an order to show cause why the defendant should not be punished for contempt for violating the injunction.

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After the appeal taken from the order dissolving the ex parte injunction, as stated in the opinion, the defendant, the Duluth Street Railway Company, entered upon the premises of Richardson, the plaintiff in the action, and, with a large force of men, proceeded to construct thereon a road-bed for its electric street railway. The plaintiff thereupon procured an order to show cause why the defendant should not be punished for contempt for violating the injunction. At the hearing, before Mills, J., the defendant moved that the order be discharged for want of jurisdiction. The motion was denied,…

1Opinion of the CourtGtleillan, C. J.

One Richardson brought an action in the district court in the eleventh district against the1 Duluth Street Railway Company, and at the commencement of the action procured from a judge of the court an ex parte order for an injunction against the defendant, and the injunction was issued and served, and the defendant thereupon procured an order to show cause why the injunction should not be vacated, returnable before the court, and on its return the court made an order vacating and dissolving the injunction. From this order the plaintiff in the action appealed to this court, and executed and…

2Cases cited1 opinion

  1. Sullivan v. WeibelerSupreme Court of Minnesota · 1887

3Cited by5 opinions

  1. State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
  2. State ex rel. Leary v. District CourtSupreme Court of Minnesota · 1900
  3. Mixed Local of Hotel & Restaurant Employees Union, Local No. 458 v. Hotel & Restaurant Employees International AllianceSupreme Court of Minnesota · 1941
  4. M. L. H. and R. E. U. L. No. 458 v. H. R. E. I. A.Supreme Court of Minnesota · 1941
  5. State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893

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