Pearce v. Olney
Supreme Court of Connecticut
This was a bill in chancery, praying for an injunction against the further prosecution of an action at law. At the term of the superior court, held in September, 1849, a committee were appointed to enquire into and report the facts alleged in the bill.
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This was a bill in chancery, praying for an injunction against the further prosecution of an action at law. At the term of the superior court, held in September, 1849, a committee were appointed to enquire into and report the facts alleged in the bill. That committee made their report substantially as follows: That the Norwich Foundry Company was duly organized, according to the laws of this state, as a joint stock corporation, for the purpose of carrying on the iron foundry business, in all its branches, and located and doing business at Norwich in this state ; that the plaintiff was a…
1Opinion of the CourtHinman, J.
The object of injunctions to stay proceedings at law, is, to prevent injustice, by an unfair use of the process of a court. They are granted on the ground of the existence of facts, not amounting to a defence to the proceeding enjoined against, but of which courts of equity have jurisdiction, and which renders it against conscience that the party enjoined should be permitted to proceed in the cause. It is well settled, that this jurisdiction will be exercised, whenever a party, having a good defence to an action at law, has had no opportunity to make it, or has been prevented, by the fraud or…
2Cited by59 opinions
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- Embry v. PalmerSupreme Court of the United States · 1883
- Brown v. TrentSupreme Court of Oklahoma · 1912
- White v. CrowSupreme Court of the United States · 1884
- Flood v. TempletonCalifornia Supreme Court · 1907
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