More v. Ord
California Supreme Court
Appeal from the Second District. In 1856, suit was brought in the Second District Court, by Jones, against Alpheus B. Thompson, for a partition of certain horses, cattle and sheep, on the island of Santa Rosa, belonging to the parties as partners.
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Appeal from the Second District. In 1856, suit was brought in the Second District Court, by Jones, against Alpheus B. Thompson, for a partition of certain horses, cattle and sheep, on the island of Santa Rosa, belonging to the parties as partners. This suit was transferred to the Third District Court, Monterey county, and Burton and Blake made parties thereto, on the ground that they claimed an interest in the property by virtue of a levy on fifty head of said cattle, under an execution on a judgment in the First District Court, in their favor, against said Thompson. The complaint avers that…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
There is no pretense for the injunction granted in this case. If the defendant is about to commit a trespass, chancery has no power to restrain him, unless the injury be irreparable, which could only he upon a clear showing of the plaintiff’s right, and the defendant’s insolvency, neither of which distinctly appear.
The judgment is reversed, and the bill dismissed with the costs of this Court and the Court below. But that the land of the plaintiff may afford relief for this vexatious proceeding, we should regret our inability to impose such damages for the obstruction to…
2Cited by2 opinions
- Marshall v. LuizCalifornia Supreme Court · 1897
- West v. SmithCalifornia Supreme Court · 1877