Fortuna Estates v. Henna
District Court, D. Puerto Rico
Statement of Facts. Tbis is an application for a preliminary injunction to restrain tbe defendants from taking certain water from tbe Jaeaguas river above wbat is called tbe Aruz pump of tbe plaintiff.
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Statement of Facts. Tbis is an application for a preliminary injunction to restrain tbe defendants from taking certain water from tbe Jaeaguas river above wbat is called tbe Aruz pump of tbe plaintiff. Tbe bill, wbieb was sworn to, was filed April 7, 1916, and alleges tbat tbe plaintiff is a corporation owning certain four tracts of land in tbe municipality of Juana Diaz, and bas as appurtenant thereto, by virtue of concessions, decrees and user, tbe right to use tbe waters from tbe Jaeaguas river for tbe irrigation of these lands, to wit: (1) One tract known as tbe estate “Fortuna,”…
1Opinion of the Court
HamxltoN, Judge,
delivered the following opinion:
Before discussing the merits of'the case, it is necessary to consider preliminary objections as to parties and the nature of the relief sought.
1. It is alleged by the respondents that they own only the reversion of one half of the property, and that the other owners are not yet made parties. Equity rule 73 is invoked to show that notice of an application for preliminary injunction must be given to the opposite parties. It does not seem, however, that this is applicable. In some cases a preliminary injunction could not be obtained in time to do…
2Cases cited13 opinions
- In Re LennonSupreme Court of the United States · 1897
- Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Irving v. Joint Dist. Council of New York & Vicinity of United Brotherhood of Carpenters & Joiners of America & Amalgamated Society of Carpenters & JoinersU.S. Circuit Court for the District of Southern New York · 1910
- California Pastoral & Agricultural Co. v. Enterprise Canal & Land Co.U.S. Circuit Court for the District of Southern California · 1903
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