Standard Import Co. v. New Orleans Import Co.

Citations

• 117 La. 633
• 42 So. 192
• 1906 La. LEXIS 741

Syllabus

<p>1. Mandamus — Determination oe Questions</p> <p>—Denial oe Injunction.</p> <p>This court cannot undertake to decide, in the absence of full information as to the basis upon which it was predicated, that the ruling of a judge in refusing a preliminary writ of injunction was erroneous.</p> <p>2. Same.</p> <p>Where, to a petition for a preliminary injunction to restrain a party, made defendant, from using an alleged imitation of a trade-mark of which the plaintiff claims to be the owner, there were annexed copies of the trade-mark and of the alleged imitation, and it can fairly be presumed that a comparison of the copies constituted, in part, the basis of the judge’s action in refusing the injunction, this court will not grant a mandamus to compel the issuance of the injunction, where no such copies accompany the application for the mandamus.</p> <p>(Syllabus by the Court.)</p>