State ex rel. Norris v. District Court First Judicial District
Supreme Court of Minnesota
Certiorari issued October 5, 1892, to the District Court First Judicial District, Williston, J., to review proceedings taken against Michael Norris and Samuel Manice, relators, for contempt of court in ■disobeying a writ of injunction. Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, three brothers, were in August, 1892, owners in fee of one undivided third ■of thirteen lots in Martin’s Division in Duluth.
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Certiorari issued October 5, 1892, to the District Court First Judicial District, Williston, J., to review proceedings taken against Michael Norris and Samuel Manice, relators, for contempt of court in ■disobeying a writ of injunction. Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, three brothers, were in August, 1892, owners in fee of one undivided third ■of thirteen lots in Martin’s Division in Duluth. The Duluth Transfer Eailway Company surveyed and located its railway across these lots and employed the Calumet Construction Company to grade and ■complete its road. This Construction…
1Concurrence
Mitchell, J.,
(concurring.) While my own view is that an ex parte order granting an injunction is not appealable, yet I think the logic of the opinion by the court in State v. Duluth St. Ry. Co., 47 Minn. 369, (50 N. W. Rep. 332,) would lead to the conclusion that it is appealable, and that such appeal, with a stay, will suspend the operation of the order. If the defendant against whom such ex parte order is obtained is put to his motion to dissolve, as held in this case, and if the plaintiff by an appeal, with a stay, can suspend the operation of the order dissolving the injunction, as held…
2Cases cited1 opinion
- State v. Duluth Street Railway Co.Supreme Court of Minnesota · 1891