Rogers v. Clough
Supreme Court of New Hampshire
Motion, by the defendants, for the assessment of damages caused by the wrongful issuance of an injunction against them and the prosecution of a proceeding for reformation of a deed. Transferred from the April term, 1911, of the superior’court by Wallace, C. J. In the fall of 1906, the defendants purchased woodland in Loudon, and on February 6,1907, began cutting the timber thereon.
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Motion, by the defendants, for the assessment of damages caused by the wrongful issuance of an injunction against them and the prosecution of a proceeding for reformation of a deed. Transferred from the April term, 1911, of the superior’court by Wallace, C. J. In the fall of 1906, the defendants purchased woodland in Loudon, and on February 6,1907, began cutting the timber thereon. February 7, the plaintiffs filed a bill in equity praying that a deed of real estate in which they were named as grantees be reformed so as to include the tract purchased by the defendants, and also a bill praying…
1Opinion of the CourtYoung, J.
The plaintiffs concede that as to them the defendants’ title is good, but contend that they should not be compelled to pay the loss caused by their unlawfully preventing the defendants from removing the timber, because, as they say, there are persons who might legally have done what they did. They neither defend through these persons nor contend that these persons have any claim against them because of the injunction. If there is a rule which permits a person to do, without incurring liability, whatever any one may legally do (Jenkins v. Parkill, 25 Ind. 473), it does not obtain in this…
2Cases cited1 opinion
- Jenkins v. ParkhillIndiana Supreme Court · 1865
3Cited by4 opinions
- Merrimack Valley Wood Products, Inc. v. NearSupreme Court of New Hampshire · 2005
- Smith v. SmithSupreme Court of New Hampshire · 1928
- Real Estate Advisors, Inc. v. Whittier Lifts, Inc.Supreme Court of New Hampshire · 1990
- Town of Exeter v. BrittonSupreme Court of New Hampshire · 1975