Hoy v. Altoona Midway Oil Co.

Citations

• 136 F. 483
• 1905 U.S. App. LEXIS 5162

Syllabus

<p>Peeliminaby Injunction — When Granted.</p> <p>On an application for a preliminary injunction where the bill sought the recovery of shares of stock alleged to have been obtained by the defendants from the complainants through fraud and duress, the ease admittedly being within the jurisdiction of the court and wholly turning upon disputed questions of fact, and the only evidence adduced aside from the bill and answers consisting of exhibits, wholly inconclusive in themselves, and affidavits disclosing irreconcilable conflict on vital points, held, that, under the circumstances, and without any expression of opinion on the merits, a preliminary injunction should be awarded to preserve the property in litigation until the case could be disposed of on final hearing.</p> <p>[Ed. Note. — For eases in point, see vol. 27, Cent. Dig. Injunction, §§ 86-90, 305-309.]</p> <p>(Syllabus by the Court.)</p>