Finch v. Barr & Dougherty, Inc.

The Chancellor.

The alleged nuisance has never been established by a trial before a jury at law. Whether the fact of a private nuisance ought first to be established at law, need not be determined in this cause. For the present purpose the assumption most favorable to the complainants will be adopted, viz., that this court has power to enjoin a private nuisance without a prior finding by. a law court of the fact of its existence. Yet on this assumption, the bill ought to be dismissed.

This is for the reason that even though the Court of Chancery assumes power to itself try and determine the…