Fowler v. Heinrath
Fowler v. Heinrath
Opinion of the Court
The appellant (plaintiff in the court below) commenced an action of ejectment for recovery of possession of a tract of land. In addition to the statement of a cause of action in ejectment, the complaint contained averments to the effect that, at the time of the alleged entry and ouster by the defendants, there was upon the land a crop of grain which had been planted by the plaintiff, a portion of which
In the record which the plaintiff brings before us, on his appeal from the order, there is no bill of exceptions, no statement on appeal, no papers properly certified or identifiable as the papers used on the hearing of the motion; nothing, indeed, to show upon what the court below acted in the hearing and determination of the motion to dissolve. Assuming that the verified complaint was a sufficient basis upon which to issue the injunction, and that it was properly issued thereon (Natoma Water Co. v. Clarkin, 14 Cal. 544), yet the court may have had good cause to dissolve it. The court may have been satisfied that the defendants were entirely solvent and able to respond in damages, and that the plaintiff had an adequate remedy at law against them for the recovery of the grain, or for damages for its taking or detention. Upon such a showing the injunction would have been properly dissolved, and the presumption is that the court did dissolve it upon good cause shown. Every intendment is in favor of the validity of the order. Besides, the order was made upon notice given to dissolve an injunction issued ex parte, the retention or dissolution of which is a matter within the sound discretion of the court, and this court cannot interfere with that discretion upon a record which discloses no abuse of discretion.
Order affirmed.
We concur: Ross, J\; McKinstry, 01,
Reference
- Full Case Name
- FOWLER v. HEINRATH
- Status
- Published
- Syllabus
- Injunction—Dissolution—-Beview on Appeal.—Where there is nothing in the record to show upon what the court acted in dissolving an injunction, the presumption is that it was dissolved upon good cause shown. Moreover, the retention or dissolution of. an injunction is within the sound discretion of the court, with which this court will not interfere unless the record shows abuse of discretion.