Raisch
Raisch v. Warren
Opinion
lead Opinion
Chipman, J.
Injunction. Upon filing the complaint and executing a bond for $1,000, the court granted the prayer of the complaint for an injunction, further ordering that defendants show cause at a date named “why this order should not be continued in force until the further order of the court in the premises.” Before the hearing thus ordered, defendant, Charles A. Warren, Jr., served and filed his motion to dissolve and vacate said order of injunction, based on the complaint in said action and upon the ground that “said complaint does not state or show that any ground or cause exists or has existed for the making of said order or for the granting of any injunction in this action.”
At the hearing the court ordered: “ 1. That the demurrers to complaint be overruled ten days to answer; 2. Motion to dissolve injunction denied; 3. Motion to appoint receiver denied without prejudice to renewal of motion.” It appears from the record that ‘ ‘ Said order included the decision of said court upon motions of other parties, as well as said motion of said Charles A. Warren, Jr., and also decisions of demurrers.”
Defendant, Charles A. Warren, Jr., excepted to the order denying his motion “to dissolve said…