Thlinket Packing Co. v. Harris & Co.
District Court, D. Alaska
On the 24th of March, 1916, both parties hereto were engaged in constructing fish traps in the navigable waters of the United States in a small indentation locally known as Ground Hog Bay. On that day plaintiff brought this suit to obtain a decree enjoining the defendants from interfering with it in the construction of its fish trap, and on March 27th, on an ex parte application, it procured an order herein restraining the defendants from doing certain things.
Read the full summary
On the 24th of March, 1916, both parties hereto were engaged in constructing fish traps in the navigable waters of the United States in a small indentation locally known as Ground Hog Bay. On that day plaintiff brought this suit to obtain a decree enjoining the defendants from interfering with it in the construction of its fish trap, and on March 27th, on an ex parte application, it procured an order herein restraining the defendants from doing certain things. Defendants evidently considered this as a command that they cease work on the fish trap which they were constructing. In compliance…
1Opinion of the Court
JENNINGS, District Judge.
It is apparent that, but for the temporary injunction issued, defendants would have had their trap complete for operation before plaintiff had its trap in that condition; and as the matter stands now plaintiff is insisting that it has a right to have the injunction made permanent, even though the effect of said injunction will be to allow plaintiff to. operate while defendants are forbidden to operate. Defendants insist that they should have an injunction against plaintiff.
There is no' ground for the interposition of equity on behalf of plaintiff, or, for that matter,…
2Cases cited2 opinions
- Cummings v. ChicagoSupreme Court of the United States · 1903
- Pacific Steam Whaling Co. v. Alaska Packers' Ass'nCalifornia Supreme Court · 1903
3Cited by7 opinions
- Metlakatla Indian Com., Annette Island Res. v. EganAlaska Supreme Court · 1961
- Strandholm v. BarbeyOregon Supreme Court · 1933
- Fisher v. EverettDistrict Court, D. Alaska · 1945
- Canoe Pass Packing Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1921
- General Fish Co. v. MarkleyDistrict Court, D. Alaska · 1952
2 more not listed; retrieve them via the Exa API.