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…
1DissentBronson, J.
This is an appeal from an order of the district court restraining the appellant concerning the residence and associations of her child. The facts, necessary to be stated, are as follows :
In October, 1915, a decree of divorce, between the parties, was entered. It awarded to the wife, the appellant herein, the care, custody, and full control of their minor child, with the provisions that the respondent should be permitted to have access to such child at reasonable times and should have the privilege of entertaining such child and have her with him as much as he desired during vacation periods…
2Cases cited4 opinions
- Houghton v. HoughtonSouth Dakota Supreme Court · 1916
- Rindlaub v. RindlaubNorth Dakota Supreme Court · 1910
- Rindlaub v. RindlaubNorth Dakota Supreme Court · 1914
- Solon v. O'SheaNorth Dakota Supreme Court · 1920