Page:Federal Reporter, 1st Series, Volume 4.djvu/312

 298 FEDERAL REPORTER. �to every state of case that may arise under this statate ; and it would not be proper or safe to enumerate supposed cases that would be within or without the statute. �It is sufficient to give the jury an expoôitioa of the statute applicable to the facts of this case. Other cases dependiug on a different state of facts will be decided when they arise. The jury are therefore instructed that if they find, from the evidence, that the defendant owed the plaintiffs the debt sued for in this action, and that it was due, and that the defe id- ant was in the habit, in the course of his business as a mer- chant, of investing his capital and credit in cotton, and ship- ping the same out "f the state, and that the cotton thus shipped within a period of about 60 days, immediately pre- ceding the date of the writ in this case, constituted a material portion of the defendant's property, and that after such shipment the defendant did not have enough property left in the state to satisfy his debts, then the attachment was right- fuUy sued out, without reference to the motive or intention of the defendant in shipping such cotton. But if the cotton so shipped did not constitute a material portion of his property, or if he had property left in the state after its shipment suf- ficient to satisfy his debts, then the issue must be found foï defendant. �Yerdict and judgment sustaining the attachment. ���NoETHBRN Pac. E. Co. V. B. & M. E. Co. and others {Circuit Court, D. Minnesota., 1880.) �Injunction — Attempt to Takb Permanent Possession op Land for Public Usa — IbhbpababIjB Injubt. — An attempt to take permaneat possession of land for public use, without the assent of the owner, express or implied, and without payment or tender of damages in advance, would, if consummated, be in the nature of an irreparable injury, to prevent which an injunction would ordinarily be granted. �Edd, in this case, that the equities of the bill were not fuUy denied by the answer, and a motion to dissolve the injunction could not �" therefore prevail. �Motion to dissolve preliminary injunction. ����