Legal Opinion

Miller v. Wills

Supreme Court of Virginia

Decided November 18, 1897PublishedCited by 49 opinions

Appeal from a decree of tlie Circuit Court of Washington county pronounced January 9, 1896, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants.

1Opinion of the CourtRiely, J.

It was earnestly insisted on the part of the appellees that a court of equity was without jurisdiction to hear and determine this cause. In this view we cannot concur.

It is very true that a court of equity will not, as a general rule, interpose in the case of a mere naked trespass. There must he something more to call forth its interference. But where the act done or threatened to be done would be destructive of the substance of the estate, or if repeated acts of wrong are done or threatened to be done, or the injury is or would be irreparable, whenever, indeed, the remedy at law is or would…

2Cases cited20 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Hughes v. United StatesSupreme Court of the United States · 1866
  4. Virginia v. TennesseeSupreme Court of the United States · 1893
  5. Mulry v. . NortonNew York Court of Appeals · 1885

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3Cited by49 opinions

  1. Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
  2. Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
  3. Patterson v. SaundersSupreme Court of Virginia · 1953
  4. Dillard v. DillardSupreme Court of Virginia · 1899
  5. Repass v. RichmondSupreme Court of Virginia · 1901

44 more not listed; retrieve them via the Exa API.

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