Gardner v. Perkins
GARDNER v. PERKINS
- Area
- civil
- Panel
- Albert G. Burnett, Stephen J. Field
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Fieldburnett
Field, J., delivered the opinion of the Court—Burnett, J., concurring.
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., *554202.) There is nothing disclosed in the record which should take the present case from its operation.
Judgment affirmed.