McMahon v. Cooper
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action for an injunction to restrain a sheriff’s sale. The trial court erred in granting the injunction in this cause upon the complaint and without notice, as we claimed, then, by our demurrer, that it failed to state any facts to justify a court in using its equity power of injunction.
Read the full summary
APPEAL from tbe District Court of tbe Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action for an injunction to restrain a sheriff’s sale. The trial court erred in granting the injunction in this cause upon the complaint and without notice, as we claimed, then, by our demurrer, that it failed to state any facts to justify a court in using its equity power of injunction. (22 Cye. 930, footnote 40, and citations thereunder; Elliott v. Sibley, 101 Ala. 344, 13 So. 500; Burnham, v. San Francisco Fuse Mfg. Go., 76 Cal. 26, 17 Pac. 939; Spann v. Sterns, 18 Tex. 556; Sloan v.…
1Opinion of the CourtStewart, J.
— This action was instituted in the district court by plaintiff against the defendant to enjoin the sale of certain personal property. The complaint alleges ownership and the right to possession of the property, and that the defendant, by virtue of an execution issued out of the probate court of Bingham county, wherein Claude Ferguson was plaintiff and one W. H. Mulligan defendant, levied upon said personal property to satisfy said execution, and threatens to sell said personal property, and will sell it, unless restrained.
The defendant in his answer denies the ownership of plain*415tiff, and…
2Cases cited4 opinions
- Kester v. SchuldtIdaho Supreme Court · 1905
- Kindall v. Lincoln Hardware & Implement Co.Idaho Supreme Court · 1902
- Rapple v. HughesIdaho Supreme Court · 1904
- Simons v. DalyIdaho Supreme Court · 1903
3Cited by3 opinions
- Amonson v. Idaho Development Co.Idaho Supreme Court · 1914
- Laughlin v. BerensCourt of Appeals for the D.C. Circuit · 1942
- Morris-Roberts Co. v. MarinerIdaho Supreme Court · 1913