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· 11/17/1909

Inland Nursery & Floral Co. v. Rice

Citations

  • 56 Wash. 21
  • 104 P. 1117
  • 1909 Wash. LEXIS 838

Syllabus

<p>Appeal — Effect of Transfer and Stax — Jurisdiction of Lower Court — Temporary Injunction — Prohibition. After an appeal is taken from a judgment dismissing an action in wbicb a temporary injunction bad issued, and a supersedeas bond bad been given to stay proceedings, tbe superior court is without jurisdiction to bear a motion to modify tbe injunction, and prohibition lies to prevent such action.</p> <p>Appeal — Transfer—Supersedeas of Temporary Injunction — Corporations — Stockholders. Upon appeal and stay of proceedings, whereby a temporary injunction is kept in force, restraining tbe respondents from participating as stockholders in meetings of a corporation, tbe supreme court will not modify tbe injunction pending tbe appeal, and thereby cause appellants to lose tbe fruits of their appeal; but will deny tbe application without prejudice to an action by tbe respondents to restrain tbe other stockholders from bolding meetings until tbe appeal is determined.</p>

Judges: Fullerton

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