Dingley
Dingley v. Buckner
Opinion
Lead Opinion
Burnett, J.
The appeal is from an order dissolving a preliminary injunction. The grounds upon which the motion for a dissolution was made were stated as follows: ‘ ‘ 1st. That said plaintiffs, or any of them, are not entitled to any in junction in the above-entitled action. . . . 4th. That there are no sufficient grounds for the retention of said injunction. 5th. That said injunction was and is an abortive injunction. ’ ’ The second and third grounds stated are omitted, as they are covered by the first.
1. The facts alleged in the complaint are sufficient, we think, to justify the court in issuing the injunction. It appears by express averment that the plaintiffs were the owners, in the possession and entitled to the possession of the necessary appliances including a boiler and gasoline engine connected with a certain building, and all of which were used in conducting a creamery business and were necessary therefor; that plaintiffs purchased daily large quantities of cream from the neighboring farmers and dairymen, and manufactured said cream daily into butter and shipped it at least three times a week to the city of Los Angeles, where the same was contracted to be delivered and where it was…