Witherbee Igniter Co. v. Witherbee Manufacturing Co.
U.S. Court of Appeals for the Second Circuit
Witherbee Igniter Co. v. Witherbee Manufacturing Co., 11 F.2d 1023 (2d Cir. 1926)
1926 U.S. App. LEXIS 2724
Witherbee Igniter Co. v. Witherbee Manufacturing Co.
Opinion of the Court
The court below, by the order appealed from, refused to retract or meddle with an injunction contained in the final decree herein entered nearly 20 years ago. The action of the court was proper (Central Trust Co. v. Grant Works, 135 U. S. 207, 10 S. Ct. 736, 34 L. Ed. 97), but the order should have been based upon lack of power or jurisdiction.
When modified, so as to refuse relief for lack of power so to do, and as modified, the order is affirmed, with costs.
Reference
- Full Case Name
- WITHERBEE IGNITER COMPANY v. WITHERBEE MANUFACTURING COMPANY and Thomas S. Witherbee, individually
- Status
- Published