Legal Opinion

Vliet v. Sherwood

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 1 opinion

APPEAL from tbe Circuit Court for Green Lake County.

1Opinion of the CourtRyak, C. J.

The general rule in courts of equity is, that injunctions can issue only upon bill filed, with proper prayer for the writ. Originally, it appears, this rule had no exception; *166for it was one of the articles of impeachment against Cardinal Wolsey, as chancellor, that-he had granted injunctions without bill put in. 4 Coke’s Inst., 92. In later times, a practice grew up in the English chancery to issue the writ, in cases of extreme urgency, upon petition duly verified, before bill filed. Eden, 231. This practice appears to have been adopted by sortie courts in this country. Peck v. Crane, 25 Vt.,…

2Cases cited3 opinions

  1. Vliet v. SherwoodWisconsin Supreme Court · 1874
  2. Peck v. CraneSupreme Court of Vermont · 1853
  3. Furniss v. BrownNew York Supreme Court · 1853

3Cited by1 opinion

  1. Huels v. HahnWisconsin Supreme Court · 1890

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