[DOWNLOAD] "Jurcec v. Raznik" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Jurcec v. Raznik
- Author : Supreme Court of Montana
- Release Date : January 03, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
APPEAL AND ERROR — INJUNCTIONS — RESTRAINING ORDER. 1. Appeal and Error — Motions — Notice order not appealable. Where plaintiff filed suit for declaratory and injunctive relief on May 18, 1956 and the court issued temporary restraining order and Page 527 order to show cause returnable on June 4 and defendants motion to dissolve temporary restraining order was notice for hearing on June 4, the restraining order was not an order "granting an injunction" and the order refusing to dissolve the restraining order was not appealable within statute which permits an appeal from an order "granting an injunction" and from an order "refusing to dissolve an injunction." 2. Injunction — Words and phrases — "Injunction" — "Restraining order." A "restraining order" is distinguishable from an "injunction", in that a restraining order is intended only as a restraint upon the defendant until the propriety of the granting of an injunction, temporary or perpetual, can be determined, and it does no more than restrain the proceedings until such determination; such an order is limited in its operation, and extends only to such reasonable time as may be necessary to have a hearing on an order to show cause why an injunction should not issue.