The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1874-02-26
Continued. from Second PAGE.

w u0T6 du IL uuCtlOu noS DOOh SAoAO
ed ex parte, and a motion made for
its dissolution, the Court must ex-
anime just as if the application were
for the granting of a restraining or
der and temporary injunction. Where
such an application is made O re-
straining order must be issued until
notice be given to defendants, and
no injunction granted until an exam
ination is held The uniform prac-
tice Of the code is not to grant an
ex parte injunction, but a restraining
order. In this case were the acts of
such a nature as to be SO injurious
that a peremptory injunction should
be grantedi An ex parte temporary
injunction, given without notice, is
not entitled to presumptions in its
favor. The Court must enter into it's
examination as though no preceding
restraining order had been issued.
Read billiard on iniunctions, P. 100,
sec. %.
All action founded on ex parte tes-
timony is liable to error, and should
be viewed with suspicion. If there
be anything obnoxious in law, it is
ex parte action, action where all par
ties are not present, and full exami-
nation of the case held. 1t is a new
rule that an ex parte action, made
without dehberation, is entitled to
presumptions in its favor.
The Court, in this case, should
look at the question before it as
though plaintiffs were asking for a
temporary injunction and restrain
ing order. billiard, p. A. sec. 72-)
Where a bill is bad on demurrer, an
injunction ought not to be granted.
(Hilliard, p. 100, sec. 10. and p. 119,
sec. co., Where allegations in a
bill do not warrant an injunction, it
may be dissolved, and bill reported
for further relief.
According to late case under In
diana code, IA Ind, p. 1872, Sullivan
VS.. Grove, where an injunction has
been irregularly obtained, or obtain
ed contrary to statute, the defendant
may be summarily relieved without
resorting even to a motion. 2 Green's
Chancery Reports, p. 49.
The present injunction was grant
ed in violation of G peremptory stat
ute. GAIL power, thanks to the Con
stitution of the United States and of
the State of Ohio, is subject to con-
troll" All power is limited; that of
the Chancellor is limited in Ohio by
express statutory DEGREES.
In regard to leave to amend the
petition, read the 18th State, 1923;
Masters VS.. Freeman. A cause of
action in favor of each or either Of
two plaintiffs is not cause of action
for both. (20th State, 1881 If a
cause is brought, as is the present
one, by two plaintiffs, and only one
has cause of action, a motion TO
amend by leaving out one of them
is, in fact, a motion to make new
case. Q3th State, p. 72) The same
effect which would come by a motion
may be produced in other ways,
Q6th Simon. 572; Attorney-G General
VS.. Marsh; 1st Handy, Az There is
marked difference between provis-
ional remedy for attachment and
that for injunction. The Clerk Of
court issues an order of attachment
on affidavit. The petition and afi
davit are not taken to the Judge.
The statute provides that Judge
shall decide in injunction cases on pc
tition and affidavit of plaintiff.
Judge Fl. here begana discussion
of the point whether or not Johnson
had any cause of action in this case,
when Judge Steel, on conference
with Gray, interrupted and informed
him that it was not worth while to
take up time in such discussion, as
the Court had come to Adhesion
theron already.
The speaker then referred to a
milldam case heretofore frequently
quoted.
Riparian rights are peculiarly un-
der the supervision of courts of Chan
cery. % New Jersey Equity Reports.
fQuery: does this case involve ripa-
rian rights because Dunn's drug
store is between two banks Evans
& Ferris, and Hillsboro National?]
Dunn claims that q shanty was
erected Is feet before his house to
carry on Temperance prayer meet
ing" and that singing and praying
annoyed him. He does not state in
the petition that this singing and
praying were at him or for him.
How was he annoyed Was theannoy-
ance such as the law considers q
nuisance? Anything, however prop
er, or however well said, on the sub
iect of temperance, "annoys" some
yes, many men; men whose avarice is
such as to close their hearts and
harden their consciences againstright
and duty. Our Constitution allows
to the people of Ohio the right to
assemble and consult on measures
concerning public good. Prayer anG
song are woman's most powerful ar
guments-have they not the righ.
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