Selders v. Brown

1. The petition alleged a state of facts which entitled the petitioner to a hearing. The court erred in refusing to grant a rule nisi, and in refusing an injunction without a hearing.

2. The Civil Code (1910), § 5501, authorizes the grant of an injunction immediately and prior to a hearing, whenever “it is manifest . . from the sworn allegations in the bill, or the affidavit of a competent person, that the injury apprehended will be done if an immediate remedy is not afforded.”

3, According to previous rulings of this court a judgment denying an injunction and a refusal of an order requiring…