Chicago, Kalamazoo & Saginaw Railway Co. v. Kalamazoo Circuit Judge
This text of 101 N.W. 525 (Chicago, Kalamazoo & Saginaw Railway Co. v. Kalamazoo Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an application for mandamus requiring the respondent to vacate a preliminary injunction. The relator has argued his case at great length and very forcibly, but the argument proceeds upon the theory that the answer fully meets the charges in the complainant’s bill, and that the circuit judge should have accepted the answer as true. While it is undoubtedly true that as a general rule a court will, upon the coming in of a sworn answer fully meeting the allegations .of the bill of complaint, dissolve a preliminary injunction, this rule is not so rigid as to deny any discretion in the court. 2 High on Injunctions (3d Ed.), § 1508.
We are not able to say that there was a clear abuse of discretion in maintaining the injunction in the present case until the hearing.
The writ is denied.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
101 N.W. 525, 138 Mich. 246, 1904 Mich. LEXIS 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-kalamazoo-saginaw-railway-co-v-kalamazoo-circuit-judge-mich-1904.