Martin v. Danziger

Injunction—Granting Pendente Lite upon Complaint Alone.—An injunction should not be granted pendente lite upon a complaint alone, where a verified answer is on file explicitly and unequivocally denying the allegations of the complaint.

Id.—Irreparable Injury—Allegation op Pacts.—A temporary injunction will not issue on mere allegations of irreparable injury; facts must be stated from which the court itself may see that irreparable injury will follow unless the commission thereof is restrained.

Id.—-Mines—-Bestraining Bemoval op Minerals.—In an action to determine the right to possession of land and the ownership of mineral deposits therein, where it is made to appear that the defendant in wrongful possession is engaged in removing the mineral and converting it to his own use, or that unless restrained he will do so, it is the duty of the court, in the absence of any adequate legal remedy, to grant an injunction restraining him.

Id.—Oil Claim—Restraining Trespass—Preparation to Bore for Oil.—In an action to determine the ownership and possession of oil claims, a temporary injunction is unwarranted, if the only facts alleged as ground for the injunction, aside from the conclusions of the pleader, are that the defendants are hauling lumber upon the claims, and erecting a rig thereon to drill for oil.

Id.—Erection of Rig to Bore for Oil—Irreparable Injury.—Irreparable injury to an oil claim, which will warrant a temporary injunction, is not threatened by persons erecting a rig for the purpose of boring for oil, but not extracting oil or threatening to do so.

Id.—Ouster of Defendants—Injunction Having that Effect.—An injunction will not issue, pending an action to determine the ownership and right to possession of oil land, when the effect of the injunction will be to oust the defendants from the premises and give possession to the plaintiffs.