Gardner v. Perkins

California Supreme Court
Gardner v. Perkins, 9 Cal. 553 (Cal. 1858)
Burnett, Field

Gardner v. Perkins

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.

Reference

Full Case Name
GARDNER v. PERKINS
Cited By
3 cases
Status
Published
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.