Cowles v. Shaw
Supreme Court of Iowa
Appeal from, the Des Moines District Court. The plaintiffs filed their petition, claiming of defendants a certain sum for alleged trespasses in cutting down timber •on plaintiff’s real estate, and avering also, that said defendants were continuing to cut down the same, with the view of carrying the same away, and disposing thereof, for their own use.
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Appeal from, the Des Moines District Court. The plaintiffs filed their petition, claiming of defendants a certain sum for alleged trespasses in cutting down timber •on plaintiff’s real estate, and avering also, that said defendants were continuing to cut down the same, with the view of carrying the same away, and disposing thereof, for their own use. So much of the petition as is material to determine •this case, is as follows: “ Your petitioners believe and further represent, that said defendants intend and assert, and if not restrained, will take and carry away said cord wood ■(the timber…
1Opinion of the CourtWright, C. J.
It will be unnecessary to determine in this case, whether, under our Code, a party can unite with his petition to recover for certain trespasses committed,, a bill for an injunction to restrain the further commission of such trespass. This case can be determined without touching that question, for we have no hesitation in saying, that the petition for the injunction, presents no such case as warrants the ordering of any such writ.. For aught that appears, the plaintiffs had a complete, perfect, full, and adequate remedy at law, for any and all trespasses these defendants had, or might commit.…
2Cases cited4 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Kriechbaum v. BridgesSupreme Court of Iowa · 1855
- Stevens v. BeekmanNew York Court of Chancery · 1814
3Cited by14 opinions
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Carney v. HadleySupreme Court of Florida · 1893
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
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