Kelsey

Kelsey v. Miller

Good Law
1924 Cal. App. LEXIS 521·66 Cal. App. 386·226 P. 630
Court of Appeal of CaliforniaMarch 28, 1924Civ. No. 4009.California1,310 words

Opinion

Lead Opinion

Works, J.

This is an appeal from an order granting a preliminary injunction. The order was made upon the verified complaint, there having -been no showing in the cause contrary to the one made by that pleading. Thé allegations of the complaint are set forth, in part, in the opinion of this court in Miller v. Superior Court, 59 Cal. App. 334 [ 210 Pac. 832 ],

It is contended by appellants that the trial court, sitting as it was in the exercise of its ordinary powers as a court of equity, was without jurisdiction to grant the preliminary injunction. This point is made upon the ground that the relief asked for in the complaint was grantable only by the superior court in the exercise of its probate jurisdiction in the matter of the Estate of Mary Moore Miller, Deceased. This point, however, is no longer open, as it was settled adversely to the contention of appellants in Miller v. Superior Court, supra.

Appellants’ next contention is that the complaint fails to allege facts warranting the issuance of the preliminary injunction, which, to state its effect in general terms, restrainéd appellants from dealing with, and from removing from defendant banks or from the state, any of the moneys or…

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