U.S. Circuit Court for the District of Southern New York, 1904

Consolidated Retail Booksellers v. Ward

Consolidated Retail Booksellers v. Ward
U.S. Circuit Court for the District of Southern New York · Decided April 25, 1904 · Eacombe
130 F. 389; 1904 U.S. App. LEXIS 4812
Consolidated Retail Booksellers v. Ward

Opinion of the Court

EACOMBE, Circuit Judge.

The practice of moving for preliminary injunction when complainant has completed testimony for final hearing, leaving defendant to oppose the motion by affidavits only, should not be encouraged. When defendant’s proofs also are complete, application should be on interlocutory hearing, not by motion, so that each side may have equal opportunity to appeal.

Motion denied.

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