Bennett Bros. v. Congdon
Montana Supreme Court
Appeal from District Court, Silver Bow Country. John Lindsay, Judge. Action by Bennett Bros. Company against George S. Congdon and others. From an order vacating a temporary restraining order, plaintiff appeals. Statement of the case by the justice delivering the opinion. Appeal from an order vacating a temporary restraining order. Plaintiff and appellant, the Bennett Bros.
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Appeal from District Court, Silver Bow Country. John Lindsay, Judge. Action by Bennett Bros. Company against George S. Congdon and others. From an order vacating a temporary restraining order, plaintiff appeals. Statement of the case by the justice delivering the opinion. Appeal from an order vacating a temporary restraining order. Plaintiff and appellant, the Bennett Bros. Company, desiring to continue in force the temporary restraining order pending an appeal to this court, applied, under section 23, Code Civ. Proc., and rule 16 of this court, for an injunction pending an appeal from the…
1Opinion of the CourtHunt, J.
It is argued by the appellant that the court committed errors of law by which it was prevented from arriving at -a position where it could properly exercise a discretion upon the facts. The particular errors presented to us are: First, that the court erred in excluding from all consideration the testimony of two witnesses, Nelson Bennett and Sewall Davis; and, second, that the court ought not to have decided the motion to dissolve upon the ground that the insolvency of the defendants the Congdons was not proved.
Upon the hearing had before the court, Nelson Bennett testified directly that, for…
2Cases cited2 opinions
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- Clark v. Herring & MockSupreme Court of Georgia · 1871
3Cited by16 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Rea Bros. Sheep Co. v. RudiMontana Supreme Court · 1912
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Labbitt v. BunstonMontana Supreme Court · 1927
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