City of Bellevue v. Daly
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action by the plaintiff for a perpetual injunction. Judgment- for the plaintiff and defendant appeals. Where the injury complained of is such only as is incident to lawful business conducted in the ordinary way, equity will not interfere.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action by the plaintiff for a perpetual injunction. Judgment- for the plaintiff and defendant appeals. Where the injury complained of is such only as is incident to lawful business conducted in the ordinary way, equity will not interfere. (High on Injunction, 4th ed., see. 752.) Equity will not interfere to prevent or abate as a nuisance everything that worts hurt, inconvenience or damage; but only where the injury is irreparable. (Hilliard on Injunctions, see. 23, p. 19; Wallace…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the plaintiff praying for a perpetual injunction against the defendant, restraining him from the commission of certain acts alleged in the complaint. The allegations of the complaint are as follows:
“1. That plaintiff is a municipal corporation organized and existing under the laws of the state of Idaho.
“2. That said city has a population of about 1,000 inhabitants, who are supplied with water for drinking, culinary and other domestic purposes, from Seaman’s creek, a small stream, flowing in a westerly direction toward the said city; that said water is diverted…
Also in this document: Concurrence.
2Cases cited7 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- People v. Truckee Lumber Co.California Supreme Court · 1897
- Barnard v. SherleyIndiana Supreme Court · 1893
- Village of Sand Point v. DoyleIdaho Supreme Court · 1905
- Swanson v. GroatIdaho Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Camp v. East Fork Ditch Co., Ltd.Idaho Supreme Court · 2002
- Gibbens v. WeisshauptIdaho Supreme Court · 1977
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Maguire v. YankeIdaho Supreme Court · 1978
- Kirk v. SchultzIdaho Supreme Court · 1941
38 more not listed; retrieve them via the Exa API.