Gardner v. Perkins
California Supreme Court
Gardner v. Perkins, 9 Cal. 553 (Cal. 1858)
Burnett, Field
Gardner v. Perkins
Opinion of the Court
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.,
Judgment affirmed.
Reference
- Full Case Name
- GARDNER v. PERKINS
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- 3 cases
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- Syllabus
- Where a motion to dissolve an injunction, 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. There are exceptions to the rule, but they depend upon the special circumstances of the particular cases.