Carlisle v. Cooper
Supreme Court of New Jersey
■ The bill was filed by Eliza Carlisle and others, to ascertain and settle the height at which the defendant, Cooper,, was entitled to maintain his darn; and to enjoin the defendant from overflowing the complainants’ lands with backwater from the dam of the defendant. The facts of the case-sufficiently appear in the opinion of the Chancellor, reported in 4 C. E. Green 257. Both parties appealed from the Chancellor’s decree, and the appeals were argued together.
1Opinion of the Court
*579, The opinion of the court was delivered by
Depue, J.
The counsel of the defendant, as a preliminary matter, submitted to the court the question, whether the Court of Chancery has jurisdiction to try the question of nuisance or no nuisance, involved in this cause.
Upon the abstract question, whether a court of equity has jurisdiction over nuisances, whether they come within the class of public or of private nuisances, very little need be said. "Whatever contention there is at the bar, or disagreement among judicial minds, as to the principles on which that jurisdiction should bo administered,…
2Cases cited13 opinions
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Casler v. . ShipmanNew York Court of Appeals · 1866
- Noyes v. StillmanSupreme Court of Connecticut · 1855
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3Cited by15 opinions
- Predham v. HolfesterNew Jersey Superior Court Appellate Division · 1954
- Kruvant v. 12-22 Woodland Ave. Corp.New Jersey Superior Court Appellate Division · 1975
- Kosich v. Poultrymen's Service Corp.New Jersey Court of Chancery · 1945
- Jones v. RossCourt of Appeals of Tennessee · 1963
- Lyndhurst v. United Cork Cos.New Jersey Court of Chancery · 1934
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