Thorp v. Thorp
North Dakota Supreme Court
Appeal from an order of the District Court of Stutsman County; Honorable J. A. Coffey, Judge. “A defendant in a civil action is not entitled to the provisional remedy by injunction. This remedy is entirely a creature of statute, and is awarded only to the plaintiff in a proper action.
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Appeal from an order of the District Court of Stutsman County; Honorable J. A. Coffey, Judge. “A defendant in a civil action is not entitled to the provisional remedy by injunction. This remedy is entirely a creature of statute, and is awarded only to the plaintiff in a proper action. Forman v. Healy, 11 N. D. 563, 63 N. W. 866. “A court of equity will refuse to grant an injunction where circumstances are such that the, injunction cannot be enforced by the court, or where such enforcement will require a continuous supervision on the part of the court.” 22 Cyc. 781. “A court of equity ought…
1Opinion of the CourtRobinson, J.
In 1915 there was duly entered in this case a judgment dissolving the marriage between the plaintiff and the defendant and awarding to the plaintiff a liberal alimony and the custody of her minor child, Margaret Thorp, whose age was then six years. In April, 1919, the court made an order forbidding the plaintiff to remove from her residence to an apartment house over a pool room in Jamestown, and from permitting the child to associate with one Mary Grant, except when in the company of her mother. From that order the plaintiff appeals. The order is made on the judgment roll and on the…
2Cited by3 opinions
- In Re Heiden's EstateNorth Dakota Supreme Court · 1953
- United States v. StateNorth Dakota Supreme Court · 1953
- United States v. StateNorth Dakota Supreme Court · 1953