Stibbs v. Agner & Co.
Supreme Court of Iowa
Appeal from Linn Circuit Court. Action for an injunction to prevent the removal of a stock of goods from a certain store occupied by the defendants in the city of Cedar Rapids. The action is brought upon the theory that the plaintiff has a landlord’s lien upon the stock, and that the defendants threaten to remove the stock and deprive him of his lien, which he needs for security for the payment of rent.
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Appeal from Linn Circuit Court. Action for an injunction to prevent the removal of a stock of goods from a certain store occupied by the defendants in the city of Cedar Rapids. The action is brought upon the theory that the plaintiff has a landlord’s lien upon the stock, and that the defendants threaten to remove the stock and deprive him of his lien, which he needs for security for the payment of rent. A writ of injunction having been issued and served, the defendants filed an answer, denying that plaintiff has a landlord’s lien. They also filed a motion to dissolve the injunction. The court…
1Opinion of the CourtAdams, J.
It was said in Fuson v. Conn. Gen. Life Ins. *319Co., 53 Iowa, 611, that “ the granting as well as the dissolving of an injunction rests much in the discretion of the court, and such discretion will not be controlled by the appellate court, except where there is a manifest abuse of discretion or mistake of law.” In support of this rule were cited Hil. Inj., 107; Johnson v. Allen, 35 Ga., 252; Howell v. Lee, 36 Id., 76; De Godey v. Godey, 39 Cal., 157. The plaintiff relies upon this rule as being sufficient to sustain the-ruling of the court. But upon no theory of the plaintiff’s case, taking the…
2Cases cited3 opinions
- De Godey v. GodeyCalifornia Supreme Court · 1870
- Fuson v. Connecticut General Life Ins.Supreme Court of Iowa · 1880
- Johnson v. AllenSupreme Court of Georgia · 1866