Casady v. Bosler

11 Iowa 242

• Court: Supreme Court of Iowa
• Decided: December 6, 1860
• Status: Published

Opinion

Wright, J.

I. Complainants appeal from the order of the District Court dissolving an injunction obtained by them to stay the sale of certain real estate under a trust deed. The action of the court was warranted by the following cases: Stringham v. Brown, 7 Iowa 33; Sloan v. Coolbaugh, 10 Ib. 31; Johnson, v. Triggs, 4 G. Greene, 99; Freeman v. Fleming, 5 Ib. 461, and Mohn v. Stoner, ante. And see Story on Cont. section 635; 5 Johns. Ch. 122; 18 Conn. 18; Story’s Eq. Jur. section 301 and note 1.

II. An offer to pay a particular sum of money, without producing the same, as provided for in section 1816, Rev. of 1860, must be in writing. If not in writing, the necessity, as a general rule, for such production is not dispensed with.

III. As to when this court will interfere with the discretion exercised by the court below, in dissolving or continuing. an injunction, see Shricker v. Field, 9 Iowa, 366.

Decree affirmed.