Roth v. Columbia Distributing Co.

Opinion by

Mr. Justice Jones,

The plaintiff, on April 3, 1952, filed in the court below his bill of complaint and an affidavit of immediate and irreparable loss or damage. The court, pursuant to Equity Rule 38, granted a preliminary injunction without notice to the defendants after the required security had been entered by the plaintiff and approved by the court. April 8, 1952, at 9:3Q A.M. was the time fixed for the hearing on a motion to continue the injunction. A copy of the bill and injunction were duly served on the defendants.

At the hearing on April 8th, counsel for both parties were…