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Gardner v. Perkins

Supreme Court of California
Apr 1, 1858

         JUDGES: Field, J., delivered the opinion of the Court. Burnett, J., concurring.

         OPINION

          FIELD, Judge

         Where the motion is made upon bill and answer alone, the general rule is to dissolve the injunction, if the answer denies all the equities of the bill. (Hoffman v. Livingston, 1 Johns. Ch. 211; Livingston v. Livingston, 4 Paige, 111.) There are exceptions to the rule, but they depend upon the special circumstances of the particular cases. (Roberts v. Anderson, 2 Johns. Ch. 202.) There is nothing disclosed in the record which should take the present case from its operation.

         Judgment affirmed.