Hicks v. Compton
California Supreme Court
Appeal from the Sixth District. The complaint avers substantially that on the sixteenth of May, 1860, defendants with force and arms entered upon a certain piece of land, then being the land of plaintiff and in his possession, and trampled down and destroyed grass and grain of the value of five hundred dollars, and also cut down with scythes, reapers and mowing machines other grass and grain of the value of $2,000, and took, carried away and converted to their own use large…
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Appeal from the Sixth District. The complaint avers substantially that on the sixteenth of May, 1860, defendants with force and arms entered upon a certain piece of land, then being the land of plaintiff and in his possession, and trampled down and destroyed grass and grain of the value of five hundred dollars, and also cut down with scythes, reapers and mowing machines other grass and grain of the value of $2,000, and took, carried away and converted to their own use large quantities of hay, grain and grass so cut worth $2,000, and asks damages therefor in the sum of $2,500. The complaint…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This is an appeal from an order dissolving a temporary injunction. There is nothing involved in the consideration of this order but the sufficiency of the complaint. The complaint shows that the defendants are trespassers, and engaged in. the commission of acts from which irreparable mischief is likely to result. If the facts stated be true, it is evident that an injunction is the only ade*210quate remedy, and that an action for damages would be fruitless and" unavailing.' It is true, absolute insolvency is not charged; but sufficient appears to satisfy us that a judgment…
2Cited by15 opinions
- Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
- Miller v. WillsSupreme Court of Virginia · 1897
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- Slater v. GunnMassachusetts Supreme Judicial Court · 1898
- Strawberry Valley Cattle Co. v. ChipmanUtah Supreme Court · 1896
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