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Gardner v. Perkins

Supreme Court of California
Apr 1, 1858
9 Cal. 553 (Cal. 1858)

Opinion

         Appeal from the District Court of the Ninth Judicial District, County of Shasta.

         COUNSEL:

         James A. McDougall, for Appellants.

          R. T. Sprague, for Respondent.


         JUDGES: Field, J., delivered the opinion of the Court. Burnett, J., concurring.

         OPINION

          FIELD, Judge

         Where the motion is made upon bill and answer alone, the general rule is to dissolve the injunction, if the answer denies all the equities of the bill. (Hoffman v. Livingston, 1 Johns. Ch. 211; Livingston v. Livingston, 4 Paige, 111.) There are exceptions to the rule, but they depend upon the special circumstances of the particular cases. (Roberts v. Anderson, 2 Johns. Ch. 202.) There is nothing disclosed in the record which should take the present case from its operation.

         Judgment affirmed.


Summaries of

Gardner v. Perkins

Supreme Court of California
Apr 1, 1858
9 Cal. 553 (Cal. 1858)
Case details for

Gardner v. Perkins

Case Details

Full title:GARDNER et al. v. PERKINS

Court:Supreme Court of California

Date published: Apr 1, 1858

Citations

9 Cal. 553 (Cal. 1858)

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