Rogers v. Tennant

California Supreme Court
Rogers v. Tennant, 45 Cal. 184 (Cal. 1872)

Rogers v. Tennant

Opinion of the Court

By the Court:

The injunction granted by the County Judge in the first instance upon the complaint was dissolved by the District Court upon the coming in of the answers of the defendants, which denied in detail the allegations of the complaint. *186From the order dissolving the injunction the plaintiffs appeal. The dissolution or continuance of the injunction in the face of the answers filed was largely a matter of discretion in the Court below at the hearing, and upon looldng into the pleadings we cannot, under the recognized rule applicable to such cases, disturb the order. We are urged to consider the result of the litigation lately had here in. the case of Castro v. Tennant, as furnishing a reason why the order dissolving the injunction in this case should be reversed now. But the only question which we can determine is as to whether, upon the record before it, the Court below committed an error which ought to be corrected here under the rules governing proceedings upon appeal, and we are not at liberty to interpolate into the record any matter which did not form an element in the case, as it was presented below.

Order affirmed.

Reference

Full Case Name
ROGERS v. TENNANT
Cited By
12 cases
Status
Published
Syllabus
Judicial Discretion as to Injunctions. — The dissolution or continuanee of an injunction in a case where the answer denies all the allegations of the complaint, is largely a matter of judicial discretion, and unless it appears from the records in the case that the discretion has been abused, the action of the Court will be sustained. Appeal must be Determined on the Record. — An appeal from an order dissolving an injunction must he disposed of on the record as it comes up from below, and the Supreme Court cannot interpolate into it matters occurring in the Supreme Court, such as an order granting a rehearing.