Shearer v. Congdon

Whether or not a temporary injunction is granted is a matter within the discretion of the trial court. The sole issue on this appeal is whether the trial court erred in granting the injunction. The test is not whether this court would have granted the injunction in the first place, but whether there was an abuse of discretion on the part of the trial court. Appellants complain of numerous errors, the first being that an unincorporated association has no legal capacity to sue. The suit was not brought in the name of the association, but rather in the name of two trustees for the Association.…