Legal Opinion

Meyers v. Schmidt

Nebraska Supreme Court

Decided May 3, 1919No. 20409PublishedCited by 3 opinions

Appeal from the district court for Red Willow county: Ernest B. Perry, Judge.

1Opinion of the CourtMorrissey, C. J.

Plaintiff procured an injunction restraining defendant from trespassing on a tract of farm land to which, plaintiff held a lease from the lawful owner. Defendant appears to have claimed the right to enter upon and farm the land under permission given by a former lessee. The evidence conclusively shows that he had no lease to the farm or lawful claim to enter thereon. Defendant seems to claim by his appeal that injunction ■ is not the proper remedy, but that plaintiff must have recourse to an action at law. The rule seems to be that, where the nature and frequency of the trespasses are such as…

2Cases cited2 opinions

  1. Hackney v. McIninchNebraska Supreme Court · 1907
  2. Sillasen v. WintererNebraska Supreme Court · 1906

3Cited by3 opinions

  1. Standard Oil Co. v. O'HareNebraska Supreme Court · 1931
  2. Hagadone v. Dawson County Irrigation Co.Nebraska Supreme Court · 1939
  3. Fenster v. IsleyNebraska Supreme Court · 1943

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