Fischer v. Davis
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. An action to secure a permanent injunction against maintaining obstructions in the Boise river. Plaintiff appeals from a modified order of the lower court, partially restraining defendant.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. An action to secure a permanent injunction against maintaining obstructions in the Boise river. Plaintiff appeals from a modified order of the lower court, partially restraining defendant. The owner of land bordering on a body of water is entitled to have the relation of the water to his land remain unchanged so far as interference by third persons or the public are concerned. (Gev/rhink v. Petaluma, 112 Cal. 306, 44 Pac. 570; Montague v. Jefferson, 7 Kan. App. 160, 53 Pac. 145;…
1Opinion
ON REHEARING.
[116 Pac. 414.]
(Syllabus by the court.)
1. This court' will not reverse an order of the trial court in granting or modifying a temporary injunction, unless it is shown to have been a clear abuse of the discretion vested in the trial court.
2. Under the statutes of this state, sees. 4287 and 4288 (Bev. Codes), “an injunction is a writ or order requiring a person to refrain from a particular act,” and the writ issues to restrain the commission or continuance of some act which would produce “great or irreparable injury” to the moving party. The chief virtue of the writ lies in its…
2Cases cited6 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Price v. GriceIdaho Supreme Court · 1904
- Schubach v. McDonaldSupreme Court of Missouri · 1903
- Staples v. RossiIdaho Supreme Court · 1901
- Shields v. JohnsonIdaho Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.