Flood v. E. L. Goldstein Co.
California Supreme Court
The facts are stated in the opinion of the court. Knight & Heggerty, H. M. Owens, and Frank J. Hennessy,, for Appellant.
1Opinion of the CourtShaw, J.
This is an appeal from an order dissolving a-preliminary injunction. The order was made upon the complaint and affidavits filed in behalf of the defendants and counter affidavits filed on behalf of the plaintiff.
In the consideration of an appeal from an order made upon-affidavits, “if there is any conflict in the affidavits, those in-favor of the prevailing party must be taken as true, and the-facts stated therein must be considered as established.” (Doak v. Bruson, 152 Cal. 19, [91 Pac. 1002], and cases there cited.)
The restraining order enjoined the defendants from wrecking and removing the…
2Cases cited13 opinions
- Doak v. BrusonCalifornia Supreme Court · 1907
- Tawas & Bay County Railroad v. Circuit JudgeMichigan Supreme Court · 1880
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Gardner v. StroeverCalifornia Supreme Court · 1889
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3Cited by11 opinions
- Tate v. Superior CourtCalifornia Court of Appeal · 1975
- Patterson v. KeeneyCalifornia Supreme Court · 1913
- Smith v. Pickwick Stages SystemCalifornia Court of Appeal · 1931
- Roehl v. the Texas Co.California Court of Appeal · 1930
- Alliance Bank v. MurrayCalifornia Court of Appeal · 1984
6 more not listed; retrieve them via the Exa API.