Griffith v. Hilliard
Supreme Court of Vermont
Bill for an injunction to restrain tlie cutting of timber. Heard at tlie September term, 1890, Rutland county, upon the demurrer embodied in the defendant’s answer. Taft, chancellor, dismissed the bill. The orator appeals. If the orator is entitled to a jury trial upon the question of title the Court of Chancery can submit that issue. 2 Dan. Ch., 1080; 1 Sto. Eq. Jur., s. 72; Garsed v. Beall, 92 H. S. 684; Fitton v. Assurance Go., 23 Fed.
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Bill for an injunction to restrain tlie cutting of timber. Heard at tlie September term, 1890, Rutland county, upon the demurrer embodied in the defendant’s answer. Taft, chancellor, dismissed the bill. The orator appeals. If the orator is entitled to a jury trial upon the question of title the Court of Chancery can submit that issue. 2 Dan. Ch., 1080; 1 Sto. Eq. Jur., s. 72; Garsed v. Beall, 92 H. S. 684; Fitton v. Assurance Go., 23 Fed. Rep. 3 ; Adams v. Soule-, 33 Yt. 538 ; LangdonY. Templeton, 61 Yt. 122. Equity will restrain a series of trespasses to prevent a multiplicity of suits. 2…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
The defendant, John H. Hilliard, by the demurrer contained in his answer, claims that a Court of Equity *644has no jurisdiction of the matters alleged in the bill. The bill alleges, among other things, that the orator is the owner of the land in question; that its substantial value is made up of the wood and timber growing thereon ; that some of the defendants, under a license from the defendant Hilliard, have entered upon the land, are engaged in cutting and drawing timber therefrom, and threaten to continue to do so.
Eor the purpose of…
2Cases cited12 opinions
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Barnes v. DowSupreme Court of Vermont · 1887
- Shipley v. RitterCourt of Appeals of Maryland · 1855
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
- Falls Village Water Power Co. v. TibbettsSupreme Court of Connecticut · 1862
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3Cited by7 opinions
- Freer v. DavisWest Virginia Supreme Court · 1902
- Glasco v. School Dist. No. 22, McClain CountySupreme Court of Oklahoma · 1909
- Holton v. HassamSupreme Court of Vermont · 1920
- Domestic & Foreign Missionary Society, Protestant Episcopal Church v. EellsSupreme Court of Vermont · 1896
- Kennedy v. RobinsonSupreme Court of Vermont · 1932
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