Hall v. Wesster
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A prohibition against keeping a milk dairy, being in restraint of trade, will be strictly construed. —Harrison v. Brooks, 20 Ga. 537 ; Trustees, etc. v. Lynch, 39 N. Y. 383. The general rule is that an injunction will not be 'granted where no injury is shown, and courts of equity will not, by-injunction, enforce a naked legal right. —Bosbyr.
Read the full summary
Appeal from St. Louis Circuit Court. A prohibition against keeping a milk dairy, being in restraint of trade, will be strictly construed. —Harrison v. Brooks, 20 Ga. 537 ; Trustees, etc. v. Lynch, 39 N. Y. 383. The general rule is that an injunction will not be 'granted where no injury is shown, and courts of equity will not, by-injunction, enforce a naked legal right. —Bosbyr. McKim, 7 Har. & J. 469 ; Railroad Oo. v. Guy on, 6 Bush, 486 ; Railroad Go. v. Baker, 27 N. J. Eq. 166. The question to be determined is one of comparative injury, and the court will be governed by considerations of…
1Opinion of the CourtBakewell, J.
This was an application for an injunction to restrain the defendant from keeping a milk-dairy on certain premises described. The plaintiff moved for judgment upon the petition and answer, and the court thereupon granted the restraining order as asked, and perpetually enjoined the defendant from keeping a milk-dairy on the premises.
The question presented is,'whether, on the admitted facts of the case, plaintiff was entitled to the relief prajmd. These facts are, that in June, 1869, the Laclede Association laid off into lots and blocks eighty acres of land in the county of St. Louis, and…
2Cases cited2 opinions
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Water-Lot Co. v. BucksSupreme Court of Georgia · 1848
3Cited by10 opinions
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- Lake Wauwanoka, Inc. v. SpainMissouri Court of Appeals · 1981
- Johnson v. RobertsonSupreme Court of Iowa · 1912
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Sanders v. DixonMissouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.