71 F. 339 | 6th Cir. | 1895
This is an appeal under the seventh section of the court of appeals act, as amended February 18, 1895, from an order of the circuit court refusing to allow a temporary injunction
This appeal is under the seventh section of the act of the court of appeals, and, though it is an appeal from an order refusing an injunction, we presume the same rule must obtain in the consideration of such, an order on appeal as we have already decided should govern us in appeals from orders granting injunctions.
“The motion for a preliminary injunction necessarily involved the exercise by him (that is, of the judge below] ol a sound judicial discretion in-granting or withholding it. * * * We are to consider the correctness of the order from the same standpoint as that occupied by the court granting it; and if we find, after a consideration of the grounds presented to that court for Its action, 1hat its legal discretion to grant or withhold the order was not iinprovidently exercised, we should not disturb its action.”
See, also, Blount v. Societe Anonyme Du Filtre Chamberland Systeme Pasteur, 6 U. S. App. 335, 3 C. C. A. 455, and 53 Fed. 98; American Paper Pail & Box Co. v. National Folding Box & Paper Co., 1 U. S. App. 283, 2 C. C. A. 165, and 51 Fed. 229.
After a consideration of the evidence presented to the court below, we do not find that the evidence makes such a case for the complainant below as to justify a finding by us that the sound judicial discretion of the court in granting or withholding a preliminary injunction was improperly exercised. We reach this conclusion without prejudice to the issue now pending in the court below, and which may be brought here on appeal from a final decree below, presen red on fuller evidence and on its merits. The appeal is dismissed, at ihe costs of the appellant.