Consolidated Retail Booksellers v. Ward

130 F. 389, 1904 U.S. App. LEXIS 4812

Opinion

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.