Having first obtained leave of this Court, plaintiff has appealed from the circuit judge's ruling denying a temporary injunction sought in plaintiff's bill of complaint. Plaintiff claims that such refusal was an abuse of discretion and erroneous. On granting leave to appeal this Court issued a restraining order enjoining defendants from indulging in certain acts, including picketing of plaintiff's place of business, pending our decision of this appeal. While the Metropolitan Barbers' Association, Inc., a Michigan corporation, joined with John Niedzialek as plaintiff in this case, the corporation is not a party to this appeal. We herein refer to John Niedzialek as plaintiff.
In the main the relief sought is that defendants, who are members of Journeymen Barbers, Hairdressers and Cosmetologists' International Union of America, Local No. 552 (A.F.L.), be enjoined
On the filing of the bill an order was issued to show cause why a temporary injunction should not issue as prayed in the bill of complaint. A hearing was had on the order to show cause. Only a little and quite inconsequential testimony of a single witness produced by defendants was taken. There was lengthy colloquy between the court and counsel, accompanied by quite useless and conflicting statements
Under the record before us, it appears beyond cavil that when trial on the merits is had the issue will be: Should the picketing by defendants be permitted or should it be enjoined? The final result will depend upon the proof produced at the hearing bearing upon the issue of whether the picketing was pertinent to a lawful labor objective. And the issue may also be presented as to whether or not the picketing was peaceful or otherwise. Neither of these issues can be decided until there is a hearing on the merits. It is also clear, at least reasonably certain, that if in the instant case the picketing is continued in the interim until a hearing on the merits plaintiff will suffer irreparable injury. The contrary cannot be persuasively urged; nor can it reasonably be inferred from the record that enjoining picketing in the interim would result in any permanent or irreparable injury to defendants, even if the ultimate determination should be that the picketing was lawful. It is the settled policy of this Court under such circumstances to grant to a litigant who is threatened with irreparable injury temporary injunctive relief and thereby preserve the original status quo. In a very similar case in which, as in the instant case, an answer to the bill of complaint had been filed, on review of denial by the circuit judge of a temporary injunction, we said:
"In granting or withholding injunctive relief pendente lite in a case of this character it is highly proper and quite essential for a court to consider whether the rights of the respective litigants will best be subserved by granting temporary injunctive relief if sought. If the personal rights or property rights involved will be best preserved by granting temporary injunctive relief in a suit presenting issues of controverted merit, such relief should be
Our decision in the Cohen Case is followed in Midwest Properties Co. v. Journeymen Barbers, Hairdressers, Cosmetologists and Proprietors International Union of America, Local 552, A.F.L., 330 Mich. 478. In the Gates Case, above cited, we said: "The object of preliminary injunctions is to preserve the status quo, so that upon the final hearing the rights of the parties may be determined without injury to either."
In another case wherein the circuit judge refused to issue a temporary injunction against picketing, by mandamus we required the issuance of the injunction. In the per curiam opinion it is said of the circuit judge: "He failed to exercise the discretion which the law required of him in the circumstances." Ideal Manufacturing Co. v. Wayne Circuit Judge, 139 Mich. 92.
In a Federal court case the proper function of a temporary injunction is commented on as follows:
"An injunction pendente lite should not usurp the place of a final decree neither should it reach out any further than is absolutely necessary to protect the rights and property of the petitioner from injuries which are not only irreparable, but which must
The instant appeal should be and is disposed of the same as in Cohen v. Detroit Joint Board Amalgamated Clothing Workers of America, supra, as follows:
"As above noted a temporary injunction has already issued out of this Court restraining the picketing until our further order. Since it will best subserve the needs of the instant case and expedite final determination thereof, our temporary injunction will remain in force pending further order of this Court, and in the meantime the case will be remanded to the trial court for hearing and determination on its merits. In event of an unappealed decision against plaintiff, an application may thereupon be made by defendant to this Court for dissolution of our injunction.
"Costs on this appeal will abide final outcome of this litigation. A decree may be entered in this Court in accordance with the foregoing."
REID, C.J., and BOYLES, DETHMERS, BUTZEL, CARR, BUSHNELL, and SHARPE, JJ., concurred.