Woodruff v. Wallace

Dissenting opinion by

Bierer, J.:

In my view of the law, this is another extension by this court of the proceeding by injunction to a class of cases in which neither the law or equity ever contemplated it should be invoked, and as each encroachment is made by this so-called equity jurisdiction upon legal remedies, I feel it my duty to dissent from the action taken.

I am not conyinced either by the argument made, or the authorities citéd, by the court, that injunction is a proper remedy by which to dispossess one who is in the peaceable, and hitherto, rightful, possession of land. I have never…