Fordson Coal Co. v. Maggard

DENISON, Circuit Judge.

The District Court refused a preliminary injunction to prevent the collection of a tax, but continued the restraining order pending this appeal.

While it is the rule that the granting or refusing of a preliminary injunction is discretionary, yet it is equally well settled that if the plaintiff makes a ease showing a reasonable probability of prevailing on the final hearing, and if his damage will be irreparable if the injunction is refused, while defendant can, by proper bond, be secured against any damage coming from the temporary injunction, a sound discretion usually…