McKinzie v. Mathews
Supreme Court of Missouri
•Appeal from Lawrence Circuit Court. I. Tlie bill must allege, peculiar circumstances to show that the injury is irreparable, such as the insolvency of defendant and the like. (Burgess vs. Kattleman, 41 Mo., 487; James vs. Dixon, 20 Mo., 79; Waterman' vs. Johnson, 49 Mo., 410; Jerome vs.'Ross, 7 Johns. Oh., 315; Ross vs. Rage, 6 Ohio, 167.) But the bill sets forth no facts. It simply states the conclusion of law. II.
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•Appeal from Lawrence Circuit Court. I. Tlie bill must allege, peculiar circumstances to show that the injury is irreparable, such as the insolvency of defendant and the like. (Burgess vs. Kattleman, 41 Mo., 487; James vs. Dixon, 20 Mo., 79; Waterman' vs. Johnson, 49 Mo., 410; Jerome vs.'Ross, 7 Johns. Oh., 315; Ross vs. Rage, 6 Ohio, 167.) But the bill sets forth no facts. It simply states the conclusion of law. II. An injunction will not lie to prevent the commission or repetition of a trespass in entering and cutting down timber on land, of which plaintiff is in possession as owner — he…
1Opinion of the CourtNaptow, Judge
This was a petition for an injunction. The facts stated in the petition were, that the petitioner was the owner of a certain tract of land described therein ; that Mathews & Bruin-back threatened to commit waste on it, by .cutting down and hauling away timber from it — which would be an irreparable loss to said land. Ah injunction was therefore asked, to restrain said defendants from cutting any timber or committing any waste on said land, and for such other relief, etc. The application was made to the Circuit judge, at chambers, in August, 1871, and an injunction was directed, upon bond…
2Cases cited1 opinion
- Pease v. PhelpsSupreme Court of Connecticut · 1834
3Cited by10 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Doty v. Village of JohnsonSupreme Court of Vermont · 1910
- McPike v. WestSupreme Court of Missouri · 1879
- Schuster v. MyersSupreme Court of Missouri · 1899
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