Legal Opinion

Miller v. Jensen

Supreme Court of Minnesota

Decided November 29, 1907No. Nos. 15,323—(103)PublishedCited by 4 opinions

Action in the district court for Clay county for an injunction restraining defendants and their servants from constructing a drainage ditch through plaintiffs’ land. From an order, Baxter, J., dissolving and vacating the temporary injunction, plaintiffs appealed.

1Opinion of the CourtStart, C. J.

This action was brought to restrain the defendants from digging a ditch through plaintiffs’ land. Upon the verified complaint a temporary injunction so restraining the defendants was issued upon the order of the court commissioner. The district court of the county of Clay, upon the motion of the defendants, made its order dissolving the injunction, from which the plaintiffs appealed.

It is clear from the record that the trial court did not abuse its discretion in dissolving the injunction, and that the order must be affirmed, unless the plaintiffs were, upon the pleadings and affidavits in *392supp…

2Cases cited3 opinions

  1. State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
  2. McMillan v. Board of County CommissionersSupreme Court of Minnesota · 1904
  3. Babcock v. SanbornSupreme Court of Minnesota · 1859

3Cited by4 opinions

  1. Ekeberg v. MackaySupreme Court of Minnesota · 1911
  2. Jurries v. VirgensSupreme Court of Minnesota · 1908
  3. Watters v. City of MankatoSupreme Court of Minnesota · 1908
  4. School District No. 1 v. LindheSupreme Court of Minnesota · 1935

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