Marks v. Weinstock, Lubin & Co.

Citations

• 121 Cal. 53
• 53 P. 362
• 1898 Cal. LEXIS 851

Syllabus

<p>Injunction—Nuisance—Obstruction of Sidewalk.—The obstruction of a sidewalk upon a city street, not authorized or justified by a city ordinance, is both a public nuisance and also a private nuisance to persons specially prejudiced and damaged thereby, and such a person may maintain an action for an. injunction to abate the obstruction.</p> <p>Id.—Motion to Dissolve—Insufficient Affidavit—Absence of Probative Pacts.—An affidavit upon a motion to dissolve the injunction, to be sufficient, must constitute written proof, and state probative facts; and it must be disregarded as insufficient where it assumes merely to take the place of an answer to the complaint by admitting or denying its allegations, and stating only ultimate facts or conclusions.</p> <p>Id.—Preliminary Injunction—Discretion to Dissolve or Continue—Appeal.—The dissolution or continuance of a preliminary injunction is a matter largely within the discretion of the trial court; and its action will not be disturbed upon appeal, unless it appears from the record that its discretion has been abused.</p>