Montgomery v. McEwen
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE SCOTT COUNTY. Points and authorities for Appellant. I.Courts ought not to interfere by injunction except in cases where irreparable injury would otherwise be done to the parties, or they show themselves entitled to more immediate relief than can be obtained by the ordinary course of proceeding's. Story's Hq., sec. 864; 969, a. b.‘, 4 Minn., 294; 1 Minn., 61; Id., 274; 7 Id., 47. Points and authorities for Respondent.
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ERROR TO THE DISTRICT COURT OE SCOTT COUNTY. Points and authorities for Appellant. I.Courts ought not to interfere by injunction except in cases where irreparable injury would otherwise be done to the parties, or they show themselves entitled to more immediate relief than can be obtained by the ordinary course of proceeding's. Story's Hq., sec. 864; 969, a. b.‘, 4 Minn., 294; 1 Minn., 61; Id., 274; 7 Id., 47. Points and authorities for Respondent. I. The order of the court below allowing a writ of injunction to be issued was properly granted, because the Respondent had the right to an…
1Opinion of the Court
*105 By the Court
Atwater, J.
This was an appeal from an order allowing an injunction to restrain the Defendant from foreclosing a mortgage by advertisement. It was stipulated between the parties that the complaint in this action remains as reported in 7 Minn., 351, and that the saméis at issue,.and that the same shall be considered as at issue in the argument of the appeal from the order allowing an injunction in this action. The writ was issued on the petition of the Respondent, dated Nov. 12, 1863, and stating substantially the following facts, viz.:
That the cause was at issue, and on the…
2Cases cited7 opinions
- D. Morrison & Co. v. LovejoySupreme Court of Minnesota · 1861
- Steele v. TaylorSupreme Court of Minnesota · 1856
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
- Goodrich v. MooreSupreme Court of Minnesota · 1858
- Montgomery v. McEwenSupreme Court of Minnesota · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Conkey v. DikeSupreme Court of Minnesota · 1871