Velie v. Richardson
Supreme Court of Minnesota
. Action in the district court for Hennepin county to obtain a permanent injunction enjoining defendant from erecting an ice house-upon his premises and compelling him to remove any part of the-building already constructed that was contrary to the covenants of’ restriction set forth in the complaint. A motion of plaintiffs- for a temporary injunction was heard before Jelley, J., who granted the-same during the pendency of the action upon filing an indemnity bond.
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. Action in the district court for Hennepin county to obtain a permanent injunction enjoining defendant from erecting an ice house-upon his premises and compelling him to remove any part of the-building already constructed that was contrary to the covenants of’ restriction set forth in the complaint. A motion of plaintiffs- for a temporary injunction was heard before Jelley, J., who granted the-same during the pendency of the action upon filing an indemnity bond. From the order granting the temporary injunction, defendant, appealed.
1Opinion of the CourtHolt, J.
This appeal questions the right of the court below to restrain the-defendant pendente lite from erecting an ice house upon his lot in violation of a covenant in the conveyance to him.
The appellant contends that it was an abuse of discretion to issue-the temporary injunction, because the complaint does not state a cause of action and the affidavits did not aid the complaint, if that could be done. No injunction, temporary or permanent, should issue, if no cause of action is stated in the complaint. The complaint alleges that the several plaintiffs own specified lots in a tract of land platted…
2Cases cited9 opinions
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
- Harris v. RorabackMichigan Supreme Court · 1904
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3Cited by14 opinions
- Hayes v. GibbsUtah Supreme Court · 1946
- Thodos v. ShirkSupreme Court of Iowa · 1956
- Hooker v. AlexanderSupreme Court of Connecticut · 1942
- Pitts v. BrownSupreme Court of South Carolina · 1949
- Grange v. KorffSupreme Court of Iowa · 1956
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