Smith v. Pacific Bank
California Supreme Court
The facts are stated in the opinion of the court. John D. Pope, J. A. Stevens, John H. Durst, Linforth & Whitaker, and W. T. Baggett, for Appellant.
1Opinion of the CourtGaroutte, J.
This action is in the nature of specific performance. At the commencement of the action the court granted an order upon the defendants to show cause why an injunction should not issue, with a restraining order in the mean time. At the hearing upon this order to show cause the court denied the motion for an injunction and dissolved its restraining order. A demurrer to the complaint was after-wards sustained, and thereupon judgment was rendered in favor of the defendants. The present appeals are from the order refusing the injunction and from the judgment. The questions before the court arise…
2Cases cited5 opinions
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Traer v. ClewsSupreme Court of the United States · 1885
- French v. ShotwellNew York Court of Chancery · 1821
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- Whitney v. KelleyCalifornia Supreme Court · 1892
3Cited by4 opinions
- Williard v. CampbellMontana Supreme Court · 1932
- Mason v. Drug, Inc.California Court of Appeal · 1939
- Osuna v. AlbertsonCalifornia Court of Appeal · 1982
- State v. GallagherIdaho Supreme Court · 1908