Stillwell v. Rankin
Montana Supreme Court
'Appeal from District Court, Cascade Cownty; J. B. Leslie, Judge. Action by James L. Stillwell against A. L. Rankin. From an order granting an injunction pendente lite, defendant appeals. Unless the complaint states a cause of action, the order of the court below' enjoining the transfer or assignment of the notes in question can find no justification.
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'Appeal from District Court, Cascade Cownty; J. B. Leslie, Judge. Action by James L. Stillwell against A. L. Rankin. From an order granting an injunction pendente lite, defendant appeals. Unless the complaint states a cause of action, the order of the court below' enjoining the transfer or assignment of the notes in question can find no justification. Injunction is only authorized, under our statute, upon the filing of a complaint setting forth adequate grounds for injunctive relief. There is no allegation in the complaint that the stock to be delivered is not worth the full amount of the…
1Opinion of the CourtJustice Holloway
This suit was brought to secure the rescission of a contract for the purchase of certain shares of stock of the State Life Insurance Company of Great Falls; to secure the cancellation of three promissory notes representing the purchase price, and, by way of ancillary relief, to secure an injunction restraining the defendant from transferring the notes pending the litigation. After a hearing upon the return of an order to show cause, an injunction pendente lite was issued and defendant appealed from the order. Three principal questions are presented:
1. It is urged that the complaint does not…
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