Rogers v. Tennant (1872) · DecisionDepot

Rogers v. Tennant

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1872 No. No. 2,399Published

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Holding. The court affirmed the order dissolving the injunction, holding that the decision to dissolve or continue an injunction based on the pleadings is a matter of judicial discretion that will not be disturbed absent error.

Issues

Whether the District Court erred in dissolving the injunction after the defendants filed answers denying the complaint's allegations.
Whether the appellate court may consider external litigation results not present in the record below.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“we are not at liberty to interpolate into the record any matter which did not form an element in the case, as it was presented below.”

Synopsis

Judicial Discretion as to Injunctions. — The dissolution or continuanee of an injunction in a case where the answer denies all the allegations of the complaint, is largely a matter of judicial discretion, and unless it appears from the records in the case that the discretion has been abused, the action of the Court will be sustained.

Appeal must be Determined on the Record. — An appeal from an order dissolving an injunction must he disposed of on the record as it comes up from below, and the Supreme Court cannot interpolate into it matters occurring in the Supreme Court, such as an order granting a rehearing.

By the Court: The injunction granted by the County Judge in the first instance upon the complaint was dissolved by the District Court upon the coming in of the answers of the defendants, which denied in detail the allegations of the complaint. [186]From the order dissolving the injunction the plaintiffs appeal. The dissolution or continuance of the injunction in the face of the answers filed was largely a matter of discretion in the Court below at the hearing, and upon looldng into the pleadings we cannot, under the recognized rule applicable to such cases, disturb the order. We are urged to consider the result of the litigation lately had here in. the case of Castro v. Tennant, as furnishing a reason why the order dissolving the injunction in this case should be reversed now. But the only question which we can determine is as to whether, upon the record before it, the Court below committed an error which ought to be corrected here under the rules governing proceedings upon appeal, and we are not at liberty to interpolate into the record any matter which did not form an element in the case, as it was presented below.

Order affirmed.

Rogers v. Tennant

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