Le Blond v. Town of Peshtigo
Wisconsin Supreme Court
Apijeal from an order of tbe circuit court for Marinette county: S. D. HastiNgs, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint.
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Apijeal from an order of tbe circuit court for Marinette county: S. D. HastiNgs, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to tbe complaint. Tbe complaint, in substance, charges that tbe town of Pesh-tigo is one of tbe duly organized towns of Marinette county, and tbat tbe other defendants aro, and at all tbe times mentioned in tbe complaint were, tbe duly elected, qualified, and acting supervisors of said town; that tbe defendants during the month of August, 1905, entered upon certain lands owned by and in tbe possession of plaintiff and tore down fences, cut and…
1Opinion of the CourtUarnes, J.
By her complaint the plaintiff seeks to re•cover possession of her property and damages for the wrongs she has sustained. If, under the facts stated, she is not’entitled to resort to a court of equity to secure this relief, then 'the demurrer was properly sustained. As a general proposition equity will not interfere to prevent a mere threatened trespass unless such trespass will work irreparable injury. Where, by reason of the continuous character of the invasion, numerous actions at law would be necessary, equity will interfere to prevent a multiplicity of suits because the legal remedy is…
2Cases cited16 opinions
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Strong v. . City of BrooklynNew York Court of Appeals · 1876
- Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
- City of Racine v. CrotsenbergWisconsin Supreme Court · 1884
- DePauw v. OxleyWisconsin Supreme Court · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chris Schroeder & Sons Co. v. Lincoln CountyWisconsin Supreme Court · 1943
- Hawkins v. DillmanMichigan Supreme Court · 1934
- Menominee River Lumber Co. v. SeidlWisconsin Supreme Court · 1912
- Whitehead & Matheson Co. v. JensenWisconsin Supreme Court · 1930
- Rogers v. Biddeford & Saco Coal Co.Supreme Judicial Court of Maine · 1940
3 more not listed; retrieve them via the Exa API.