Bank of Scotland v. Bliss

Citations

• 10 S.D. 178
• 72 N.W. 406
• 1897 S.D. LEXIS 36

Syllabus

<p>1. On appeal from an order dissolving an injunction, a statement of the trial court, not embodied in the order, and made without notice to the party at whose instance said order was granted, certifying that the judge did not consider the evidence, but made the order solely on the ■ ground that the complaint did not state facts sufficient to constitute a cause of action, is no part of the record, and cannot be considered.</p> <p>2. An order dissolving an injunction will not be disturbed unless an abuse of discretion is disclosed by the record.</p>