McCracken v. Harris
California Supreme Court
Appeal from an order granting an injunction, and from an order refusing to dissolve the same, in the Twentieth District Court, County of Santa Clara. Belden, J. The injunction in this case was granted by the Court, after an order to show cause, without requiring an undertaking on the part of the plaintiff.
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Appeal from an order granting an injunction, and from an order refusing to dissolve the same, in the Twentieth District Court, County of Santa Clara. Belden, J. The injunction in this case was granted by the Court, after an order to show cause, without requiring an undertaking on the part of the plaintiff. In regard to the order refusing to dissolve the injunction, the bill of exceptions states that “the Court denied said motion, and held and decided that no undertaking was required on issuing an injunction on hearing or notice.” The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
This is an appeal from an order restraining the defendants, Harris (who is the Sheriff of Santa Clara County) and Reed, (who is a judgment creditor of the plaintiff) from making sale of certain real estate situate in said County of Santa Clara, the property of the plaintiff, upon an execution in the hands of the said Sheriff. The restraining order was made upon hearing of an order previously made against the defendants, to show cause why they should not be restrained from making the sale of the premises upon the execution.
It appeared,' at the hearing of the order to show cause,…
2Cited by19 opinions
- Fitzell v. LeakyCalifornia Supreme Court · 1887
- Neumann v. MorettiCalifornia Supreme Court · 1905
- Beaton v. ReidCalifornia Supreme Court · 1896
- Shelton v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 1947
- MacWatters v. StockslagerIdaho Supreme Court · 1917
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