Shubert v. Woodward
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal from an order granting a temporary injunction against the broach by the appellants of an agreement made on May 4, 1908, between the Woodward & Burgess Amusement Company, the complainant below, and the defendants and appellants, Lee Shubert and Jacob J. Shubert, relative to the operation of two theaters at Kansas City owned by them respectively.
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Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal from an order granting a temporary injunction against the broach by the appellants of an agreement made on May 4, 1908, between the Woodward & Burgess Amusement Company, the complainant below, and the defendants and appellants, Lee Shubert and Jacob J. Shubert, relative to the operation of two theaters at Kansas City owned by them respectively. By that contract the amusement company agreed that it had a lease of its theater for 10 years, that it would pay the rent under that lease, and…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The complainants pray in their bill, and the orders challenged grant, a temporary injunction against the violation by the defendants of the contract of May 4, 1908. The act of Congress which confers jurisdiction of appeals from orders granting or continuing injunctions provides that an appeal may be taken where “upon a hearing in equity” such an order is made (Act April 14, 1906, c. 1627, 34 Stat. 116 [U. S. Comp. St. Supp. 1907, p. 208]), and counsel insist that these orders are not appealable, (1) because they grant an injunction until the further order…
2Cases cited41 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Hennessy v. WoolworthSupreme Court of the United States · 1888
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3Cited by39 opinions
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Kryptok Co. v. Stead Lens Co.Court of Appeals for the Eighth Circuit · 1911
- Hanna v. NowellMissouri Court of Appeals · 1959
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