Knoblauch v. City of Minneapolis
Supreme Court of Minnesota
Appeal by plaintiff, Hattie L. Knoblauch, from an order of the District Court of Hennepin County, Seagrave Smith, J., made September 2, 1893, dissolving a temporary injunction. Plaintiff owned a lot in block fifty seven (57) in the original plat of Minneapolis fronting west onto Third Street. The city took measures to widen the alley in the rear of the lot to afford access to the railroad freight depot adjoining on the north.
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Appeal by plaintiff, Hattie L. Knoblauch, from an order of the District Court of Hennepin County, Seagrave Smith, J., made September 2, 1893, dissolving a temporary injunction. Plaintiff owned a lot in block fifty seven (57) in the original plat of Minneapolis fronting west onto Third Street. The city took measures to widen the alley in the rear of the lot to afford access to the railroad freight depot adjoining on the north. Plaintiff commenced this action against the city to restrain the proceedings. On her complaint and supporting affidavits she obtained a temporary writ of injunction May…
1Opinion of the CourtGilfillan, C. J.
Appeal from an order vacating a temporary injunction.
As a general rule, where the equities of the complaint are fully and positively denied by a sworn answer, a temporary injunction will be dissolved. The rule, however, is not inflexible; there are exceptions to it, Pineo v. Heffelfinger, 29 Minn. 183, (12 N. W. 522;) as where the circumstances are such as to lead the court to believe *324it quite probable that the material statements of the complaint will, upon a final hearing, turn out to be true, Stees v. Kranz, 32 Minn. 313, (20 N. W. 241.)
We have to consider, then, whether the equities of…
2Cases cited4 opinions
- Stees v. KranzSupreme Court of Minnesota · 1884
- Town of Lyle v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1893
- Pineo v. HeffelfingerSupreme Court of Minnesota · 1882
- Hall v. City of St. PaulSupreme Court of Minnesota · 1894
3Cited by13 opinions
- Arthur v. Board of Com'rs of Choctaw CountySupreme Court of Oklahoma · 1914
- Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
- State ex rel. Smith v. Van ReedSupreme Court of Minnesota · 1914
- Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
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