California Supreme Court, 1858

Gardner v. Perkins

California Supreme Court · Decided July 1, 1858 · Burnett, Field

9 Cal. 553

Cases that cite this one

3 later published cases cite this decision.

Real Del Monte Consolidated Gold & Silver Mining Co. v. Pond Gold & Silver Mining Co. (Cal. 1863)
Lady Bryan Gold & Silver Mining Co. v. Lady Bryan Mining Co. (Nev. 1868)
Burnett v. Whitesides (Cal. 1859)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Field, J., delivered the opinion of the Court—Burnett, J., concurring.

Where the motion is made upon hill 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. C., 211; Livingston v. Livingston, 4 Paige, 111.) There are exceptions to the rule, but they depend upon the special circumstances of the particular cases. (Dean v. Coddington, 2 Johns. C., *554202.) There is nothing disclosed in the record which should take the present case from its operation.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.