Legal Opinion

Montague v. Horton

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 8 opinions

APPEAL from tbe County Court for La Crosse County. Tbe case is stated in tbe opinion of tbe court. contended tbat tbe orders beld by tbe respondent were payable only out of tbe jail fund of tbe county, and tbat it did not appear from tbe complaint, bow tbat fund was to be furnished with money to meet demands upon it, or bow tbe respondent was injured by tbe payment of orders filed subsequently to bis own. 2. Tbe Code has not enlarged tbe power of tbe courts to grant…

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APPEAL from tbe County Court for La Crosse County. Tbe case is stated in tbe opinion of tbe court. contended tbat tbe orders beld by tbe respondent were payable only out of tbe jail fund of tbe county, and tbat it did not appear from tbe complaint, bow tbat fund was to be furnished with money to meet demands upon it, or bow tbe respondent was injured by tbe payment of orders filed subsequently to bis own. 2. Tbe Code has not enlarged tbe power of tbe courts to grant permanent injunctions. H. Y. Life Lns. Co. vs. H. Y. City, 4 Duer, 192; Neustadt vs. Joel, 2 id., 530. 3. Courts will restrain a…

1Opinion of the Court

By the Court,

DixON, C. J.

Tbe record in this case embraces two appeals from two orders, made by tbe county court of tbe county of La Crosse. ■ One was an order overruling tbe appellant’s motion for an order to dissolve an order for a temporary injunction, which bad previously been made in tbe case, upon tbe facts set forth in tbe complaint, accompanied by a verification in tbe usual form, and the other *601an order overruling tbe appellant’s demurrer to tbe complaint. Tbe causes of demurrer assigned, were: First, tbat it on tbe face of tbe complaint tbat tbe court bad no jurisdiction of tbe…

2Cases cited2 opinions

  1. Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
  2. Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841

3Cited by8 opinions

  1. Hauk v. StateIndiana Supreme Court · 1897
  2. Meissner v. MeissnerWisconsin Supreme Court · 1887
  3. Ellis v. Southwestern Land Co.Wisconsin Supreme Court · 1900
  4. North Hudson Mutual Building & Loan Ass'n v. ChildsWisconsin Supreme Court · 1893
  5. State v. HerringIndiana Court of Appeals · 1897

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