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Consolidated Retail Booksellers v. Ward

130 F. 389, 1904 U.S. App. LEXIS 4812
CourtU.S. Circuit Court for the District of Southern New York
DecidedApril 25, 1904
StatusPublished

This text of 130 F. 389 (Consolidated Retail Booksellers v. Ward) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated Retail Booksellers v. Ward, 130 F. 389, 1904 U.S. App. LEXIS 4812 (circtsdny 1904).

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.

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Bluebook (online)
130 F. 389, 1904 U.S. App. LEXIS 4812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-retail-booksellers-v-ward-circtsdny-1904.