“ It is well established doctrine that an application for an interlocutory injunction is addressed to the sound discretion of the trial court; and that an order either granting or denying such an injunction will not be disturbed by an appellate court unless the discretion was improvidently exercised. ”
George Sutherland
Summary
“..”, is a work by George Sutherland. It explores elements such as interlocutory injunction and discretion.
Quotes from .. (George Sutherland)
“ Congress has manifested its solicitude that the power to grant writs of injunction against orders of the Interstate Commerce Commission shall be exercised with special care, by requiring the consideration of applications to be made by three judges and by giving an appeal directly to this court both in the case of interlocutory orders and final decrees. ”
“ That the doctrine to be followed in reviewing such an order applies in the case of an order of a court of three judges denying an interlocutory injunction does not admit of doubt. United Fuel Gas Co. v. Public Service Commission of West Virginia (January 2, 1929) 278 U.S. 322, 326, 49 S.C.t. 157, 73 L. Ed. 322; Chicago G. W. Ry. v. Kendall, 266 U.S. 94, 100, 45 S.C.t. 55, 69 L. Ed. 183. The duty of this court, therefore, upon an appeal from such an order, at least generally, is not to decide the merits, but simply to determine whether the discretion of the court below has been abused. ”
