Ohio Supreme Court, 1834

Lowe v. Warren Canal Co.

Lowe v. Warren Canal Co.
Ohio Supreme Court · Decided June 15, 1834 · Lane
1 Wright 616; 1 Ohio Ch. 616

Lowe v. Warren Canal Co.

Opinion of the Court

LANE, J.

The principle which will sustain this injunction, if it is sustained, is that the defendants are insolvent. That is denied m the answer. The refusal to arbitrate, which was the main ground for allowing the provisional injunction, is no longer operative in the cause, as arbitrators have been chosen since the bill was filed, who have made their award as to which the parties are litigating in *the Common Pleas. The necessity for an injunction seems [617 no longer to exist, and it is dissolved.

COLLETT, C. J. being a stockholder in the canal company, took no part in this ease.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.