Glassbrenner v. Groulik
Wisconsin Supreme Court
Appeal from an order of the municipal court of Racine county: D. H. Elett, Judge. This is an appeal from an order dissolving an injunctional order.
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Appeal from an order of the municipal court of Racine county: D. H. Elett, Judge. This is an appeal from an order dissolving an injunctional order. The complaint upon which the preliminary injunc-tional order was granted alleged, in substanc^, that on the 1st of January, 1900, the plaintiff was in possession of forty-two acres of land in Racine county as tenant, and that his term did not expire until April 1,1900, and that he was the owner of the ice upon a certain pond upon said land; that on January 2,1900, he made an agreement with the defendant, who was then the owner of a contract for…
1Opinion of the CourtWiNsnow, J.
It is manifest that there was no abuse of discretion in vacating the preliminary injunctional order. It is common knowledge that ice is a commodity which may at all times be purchased in the market. It is nowhere alleged that the defendant was insolvent, or that a judgment for damages against him could not be collected. The allegation of irreparable injury is therefore of little or no weight. If plaintiff was debarred from obtaining his ice from the ice house, he could obtain it elsewhere, and he could collect his loss or damage from the defendant if he showed himself entitled to recover any…
2Cases cited4 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
- Tenney v. City of MadisonWisconsin Supreme Court · 1898
- Superior Consolidated Land Co. v. City of SuperiorWisconsin Supreme Court · 1899
3Cited by2 opinions
- Ellis v. City of AshlandWisconsin Supreme Court · 1903
- Ekern v. McGovernWisconsin Supreme Court · 1913