Thayer v. Bellamy

Citations

• 9 Idaho 1
• 71 P. 544
• 1903 Ida. LEXIS 4

Syllabus

<p>Injunction Pendente Lite — When Granted Without Notice— When Dissolved Without Notice — Counteb-aeeidavits may be Used. — Under section 4295 of the Revised Statutes of 1887, application to dissolve a temporary injunction may be made as follows: 1. By the defendant upon the papers on which plaintiff obtained the injunction; 2. By the plaintiff upon the papers on which'defendant obtained the injunction; 3. By either party upon affidavits, with or without answer. When the adverse party moves to dissolve a temporary injunction upon the papers on which it was. granted, no notice is required to be given to the party who obtained the injunction, and no further - showing can be made in opposition to such motion. On the other hand, where any counter-showing is made by the moving party, notice of the time and place of hearing must be given, and upon such hearing the party resisting the motion may present affidavits in opposi-. tion thereto, and is entitled to have such affidavits considered by the court or judge hearing the same.</p> <p>(Syllabus by the court.)</p>