Kersey v. Rash
Court of Chancery of Delaware
Bill in equity to restrain proceedings at LAW. — The defendant at the November Term, 1867, of the Superior Court of New Castle county, recovered a judgment against the complainant for $3,359.68. The action was brought at the November Term, 1865, and continued from term to term.
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Bill in equity to restrain proceedings at LAW. — The defendant at the November Term, 1867, of the Superior Court of New Castle county, recovered a judgment against the complainant for $3,359.68. The action was brought at the November Term, 1865, and continued from term to term. On the recovery of the judgment a remittitur was entered for the excess above $3000, which was the amount of damages laid in the narr. .A fi. fa. was issued to the May Term, 1868. April 13th, 1868, upon Kersey’s petition, an injunction was ordered. September Term, 1868, the bill was filed, and at the March Term, 1868,…
1Opinion of the Court
The Chancellor:—
Under the English practice, it is the general rule to dissolve the injunction, upon answer fully denying the equity of the bill; and on the motion to dissolve, generally, affidavits cannot be read in support of the bill. There are exceptions to the rule proceeding upon the ground that the dissolution of the injunction, before the hearing, may work irreparable damage to the complainant, on which account the English Courts, in these exceptional cases, admit affidavits on the motion to dissolve. These are cases of waste, infringement of patents,partnership,&c. The defendant’s…
2Cases cited25 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- French v. GarnerSupreme Court of Alabama · 1838
- Simpson v. HartNew York Court of Chancery · 1814
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Smith v. LowryNew York Court of Chancery · 1814
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3Cited by4 opinions
- Hudson v. LaytonCourt of Chancery of Delaware · 1919
- DiLuchio v. Otis Oil Burner Corp.Court of Chancery of Delaware · 1926
- Holschumaker v. EtchellsCourt of Chancery of Delaware · 1909
- Kuratle v. PyleCourt of Chancery of Delaware · 1919