Case No. 13,472.

STODDERT et al. v. WATERS et al.

[1 Cranch, C. C. 483.]¹

Circuit Court, District of Columbia.

June Term, 1808.

INJUNCTIONS—MOTION TO DISSOLVE—NOTICE—WHEN TO BE GIVEN.

Notice to dissolve an injunction must be given ten days before the term; if given in term, a term's notice is required.

[This was an action by Stoddert & Mason against Waters & Griffith and others.]

Mr. Jones, for the defendants, having filed answers on the first day of the term, and then entered notice of motion for dissolution on the docket, and ten days having expired since the entry, he now moved the court to dissolve the injunction.

The bar generally stated the construction of the rule to have been that there must be ten days' notice before term, or if the notice be given in term, a term's notice is required.

THE COURT (nem. con.) said it was the construction which had always been given to the rule.

Mr. Jones then moved to have the rule amended.

But THE COURT declined, thinking the construction of the rule reasonable.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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