Cole Silver Min. Co. v. Virginia & Gold Hill Water Co.
U.S. Circuit Court for the District of Nevada
In equity. Motion to dissolve an injunction on bill and answer. The facts sufficiently appear in the opinion, and in the report of the same case before Sawyer, Circuit Judge, on motion for an injunction. [Case No. 2,-989.]
1Opinion of the Court
FIELD, Circuit Justice.
This is a motion to dissolve an injunction issued upon the bill of complaint. It is made upon three grounds; 1. That Herman Glauber, who is a citizen of the state of California, is an indispensable party defendant in the suit, without whose presence the court cannot proceed to a decree. 2. That the injunction, though preventive in form, is mandatory in fact, and an injunction of this character cannot issue upon an interlocutory application. 3. That the equities of the bill are fully denied by the answer.
I. The . question whether Glauber is an indispensable party depends…
2Cases cited2 opinions
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Long v. MajestreNew York Court of Chancery · 1814
3Cited by21 opinions
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Donovan v. CampionCourt of Appeals for the Eighth Circuit · 1898
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