Legal Opinion

Cooper v. Alden

Michigan Court of Chancery

Decided July 1, 1839PublishedCited by 8 opinions

The bill in this case was filed September 20, 1838, and stated that complainant, Jackson, was the owner in fee of the west half of lot number 43, and that Cooper, complainant, was the owner in fee of the east half of said lot, and also the entire lot 42, both of said lots being in section six, of the city of Detroit, according .to the plan of the city, made and adopted by the governor and judges of the late territory of Michigan, pursuant to the provisions of an act of…

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The bill in this case was filed September 20, 1838, and stated that complainant, Jackson, was the owner in fee of the west half of lot number 43, and that Cooper, complainant, was the owner in fee of the east half of said lot, and also the entire lot 42, both of said lots being in section six, of the city of Detroit, according .to the plan of the city, made and adopted by the governor and judges of the late territory of Michigan, pursuant to the provisions of an act of congress for that purpose. That said lots were situated adjoining and fronting on a pub-lie street called Michigan grand…

1Opinion of the Court

The Chancellor.

A preliminary objection is made by the counsel for the complainants, that the injunction in this case, having been allowed upon the bill, as sworn to, and no answer having been put in, nor the state of the case varied, it is not competent, or according to the course of practice, to move to dissolve on the same state of facts in vacation.-

Our statute (R. S., 376, sec. 103,) authorizes the justices of the supreme court severally, to “ exercise the powers of the chancellor, with respect to the granting of injunctions,” in certain cases. An injunction granted by a justice of the…

2Cases cited2 opinions

  1. Mower v. KipNew York Court of Chancery · 1836
  2. Oakley v. Trustees of WilliamsburghNew York Court of Chancery · 1837

3Cited by8 opinions

  1. Sorensen v. the Overland CorporationDistrict Court, D. Delaware · 1956
  2. Giles v. RodolicoSupreme Court of Delaware · 1958
  3. Leavy v. SaundersSuperior Court of Delaware · 1974
  4. Whetsel v. GosnellSuperior Court of Delaware · 1963
  5. O'LEAR v. StruckerSuperior Court of Delaware · 1965

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