Whitfield v. Rogers
Mississippi Supreme Court
On appeal from the northern district chancery court at Fulton ; Hon. Henry Dickinson, vice-chancellor. The facts are substantially stated in the opinion of the court. A court of chancery will only interfere by way of injunction where the mischief is irreparable. There must be such an injury as from its nature is not susceptible of being adequately compensated for by damages. That a mere diminution of the value of the premises is not a ground for an injunction. See' 3 Dan.
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On appeal from the northern district chancery court at Fulton ; Hon. Henry Dickinson, vice-chancellor. The facts are substantially stated in the opinion of the court. A court of chancery will only interfere by way of injunction where the mischief is irreparable. There must be such an injury as from its nature is not susceptible of being adequately compensated for by damages. That a mere diminution of the value of the premises is not a ground for an injunction. See' 3 Dan. Ch. Pr. 1858,1859, and authorities cited; Ingraham v. Dwmell, 5 Met. 118; Mohawk and Hudson Railroad 'Company v. Archer, 6…
1Opinion of the CourtJustice Handy
This was a bill filed in the district chancery court at Fulton, by the appellee, against the appellant, to enjoin him from the erection of a mill-dam. The bill alleges, in substance, that the complainant’s lands, which lay in the vicinity of the mill-dam about to be made, would be inundated by the construction of it, so that their value would be greatly lessened and much of the timber killed, by the damming up of the water; and that the health of the neighborhood would be greatly injured by the stagnation of the water produced by the dam. The answer denies the material allegations of the…
2Cases cited1 opinion
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
3Cited by4 opinions
- Rowzee v. PierceMississippi Supreme Court · 1898
- Ogletree v. McQuaggsSupreme Court of Alabama · 1880
- Stone, State Tax Comm. v. KerrMississippi Supreme Court · 1942
- Moore v. StateTexas Supreme Court · 1915