Walker v. Backus Heating Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee' ■county: D. H. JOHNSON, Circuit Judge. The appeal is from an order which dissolves an interlocutory injunction. The plaintiif is a dealer in incandescent gas burners, mantels, and appliances. The defendant the Backus Heating Company is a rival dealer in like goods, which it purchases from the defendant the Welsbach Light. Company. The defendant Lawrence is the manager of the Backus Heating Company.
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Appeal from an order of the circuit court for Milwaukee' ■county: D. H. JOHNSON, Circuit Judge. The appeal is from an order which dissolves an interlocutory injunction. The plaintiif is a dealer in incandescent gas burners, mantels, and appliances. The defendant the Backus Heating Company is a rival dealer in like goods, which it purchases from the defendant the Welsbach Light. Company. The defendant Lawrence is the manager of the Backus Heating Company. It is alleged that the defendants have conspired and confederated together to injure the plaintiff’s business; that, with that end in view,…
1Opinion of the CourtNewman, J.
The order which grants or dissolves an interlocutory injunction is a discretionary order, and will not be disturbed on appeal unless it shall appear to be an abuse of judicial discretion. High, Injunction, §§ 11, 1467.
It is a well-settled rule of general application, that when' all the material allegations upon which the equities of the-case rest are fully met and denied, without evasion or equiv-ocationj by the answer or the affidavits upon which the motion to dissolve is based, the injunction .will be dissolved. High, Injunctions, § 1505. It is necessary that such facts only as constitute…
2Cases cited1 opinion
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
3Cited by3 opinions
- Tiede v. SchneidtWisconsin Supreme Court · 1898
- Lancaster v. BorkowskiWisconsin Supreme Court · 1922
- Ekern v. McGovernWisconsin Supreme Court · 1913