Majority
p. 553GARDNER et al. v. PERKINS.
Headnote
Where a motion to dissolve an injunction, is made upon bill and answer alone, the general rule is to dissolve the injunction, if the answer denies all the equities of the bill. There are exceptions to the rule, but they depend upon the special circumstances of the particular cases.Appeal from the District Court of the Ninth Judicial District, County of Shasta.
James A. McDougall for Appellants.
R. T. Sprague for Respondent.
Where the motion is made upon hill and answer alone, the general rule is to dissolve the injunction, if the answer denies all the equities of the bill. (Hoffman v. Livingston, 1 Johns. C., 211; Livingston v. Livingston, 4 Paige, 111.) There are exceptions to the rule, but they depend upon the special circumstances of the particular cases. (Dean v. Coddington, 2 Johns. C.,
p. 554
202.) There is nothing disclosed in the record which should take the present case from its operation.
Judgment affirmed.