Delger v. Johnson

Citations

• 44 Cal. 182
• 1872 Cal. LEXIS 176

Syllabus

<p>Motion to Dissolve Injunction.—When the defendant moves, on the complaint and answer, to dissolve an injunction, the answer will be treated, for all the purposes of the motion, as an affidavit, and the plaintiff, on the hearing of the motion, is entitled to reply to the answer by affidavits.</p> <p>Idem—Service of Copies of Affidavits .—The plaintiff is not required to serve upon the defendant copies of affidavits used in reply to the answer, on a motion to dissolve an injunction.</p> <p>Error Without Injury.—If the Court erroneously rejects evidence which is not necessary in the case, so that the party offering it sustains no injury by the rejection, the error will not be considered on appeal.</p> <p>When Injunction will Not be Detained .—The injunction will not be retained where it appears that the acts, the performance of which is sought to be restrained, had been performed before the order for the injunction was made or served.</p>