Real Del Monte Consolidated Gold & Silver Mining Co. v. Pond Gold & Silver Mining Co.

Citations

• 23 Cal. 82

Syllabus

<p>Where an injunction is granted without notice, upon the filing of a complaint, and an answer is afterwards filed denying all the equities of the complaint, the injunction will be dissolved on motion.</p> <p>' If the plaintiffs permit the defendants to remain in possession of a mining claim several months without interference, working it as their own and expending large sums of money in developing it, a Court of Equity will require a very clear and strong showing to induce it to grant or sustain a preliminary injunction to stop the work.</p> <p>When the title to the property is in dispute, the question, whether the are solvent and able to respond in damages, forms an important element in passing upon an application for an injunction pending the litigation. creditors</p>