Black Hills Flume & Mining Co. v. Grand Island & W. C. R.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. John • W. Nolin, Judge. Action in trespass for damages and injunction. Temporary injunction granted and upon order to show cause made permanent. Defendant appeals. The facts are fully stated in the opinion. This is an appealable order. §§ 4984, 4987, 4989, 4991, 5227, 5228 and 5236, Comp. Laws. Bostwickv. Knight, 40 N. W. 344, should be overruled.
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Appeal from circuit court, Pennington county. Hon. John • W. Nolin, Judge. Action in trespass for damages and injunction. Temporary injunction granted and upon order to show cause made permanent. Defendant appeals. The facts are fully stated in the opinion. This is an appealable order. §§ 4984, 4987, 4989, 4991, 5227, 5228 and 5236, Comp. Laws. Bostwickv. Knight, 40 N. W. 344, should be overruled. An action of trespass or ejectment would afford plaintiff adequate relief, and an injunction should not be granted. Railroad v. Railroad, 75 Ala. 275; 1 High on Injunction, 629: § 4985, Comp. Laws;…
1Opinion of the CourtCorson, J.
The judge of the seventh judicial circuit issued an order to show cause why an injunction order should not be granted, returnable before himself at Custer city, within his circuit. On the day designated in the order to show cause the defendant filed its answer, and a hearing was had, resulting in the granting of the order of injunction as prayed for in the complaint. The order of injunction concludes as follows: "Done at chambers at Custer City, in the State of South Dakota, this 9th day of September, 1890. John W. Nowlin, Judge of the Seventh Judicial Circuit of the State of South Dakota.’’…
2Cases cited9 opinions
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
- Whereatt v. EllisWisconsin Supreme Court · 1887
- State v. BrownellWisconsin Supreme Court · 1891
- Holden v. HaserodtSouth Dakota Supreme Court · 1892
- Travelers' Insurance v. WeberNorth Dakota Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McClain v. WilliamsSouth Dakota Supreme Court · 1897
- County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
- State ex rel. McGregor v. YoungSouth Dakota Supreme Court · 1894
- Brown v. BrownSouth Dakota Supreme Court · 1900
- Jacobi v. ClarksonSouth Dakota Supreme Court · 1932
6 more not listed; retrieve them via the Exa API.