Chace v. Jennings
California Supreme Court
Chace v. Jennings, 3 Cal. Unrep. 474 (Cal. 1892)
28 P. 681
Sharpstein
Chace v. Jennings
Opinion of the Court
The case is not materially different from Porter v. Jennings, 89 Cal. 440, 26 Pac. 965. As admitted by respondents’ counsel, “it is against the same defendants. The purpose is to restrain the sale of the same premises, threatened to be sold by the defendant Jennings (as sheriff) under the same execution in favor of Mary A.
We concur: De Haven, J.; McFarland, J.
Reference
- Full Case Name
- CHACE v. JENNINGS, Sheriff
- Status
- Published
- Syllabus
- Injunction—Sale of Lands on Execution.—In an action to restrain the sale of land under execution against plaintiff’s grantor the court should continue the restraining order pending final determination, and it is an abuse of discretion to dissolve it upon the filing of an answer denying the allegations of the bill. Injunction—Denials on Information—Dissolution.—Under Code of Civil Procedure, section 437, authorising denials upon information and belief, such denials, while sufficient to raise an issue, will not justify the dissolution of a temporary injunction on the ground that the bill is fully denied by the answer.