Scudder v. Trenton Delaware Falls Co.
New Jersey Court of Chancery
This bill Is filed to procure an injunction, restraining the defendants from entering- upon the property of the complainant, for the purpose of cutting and constructing a raceway to conduct water from the river Delaware to a point below the Trenton Falls ; the right to cut and construct which raceway is claimed by the Trenton Delaware Falls company for themselves, and for the said William Perse and Elam T. Baldwin as their agents, in virtue of an act of the council and…
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This bill Is filed to procure an injunction, restraining the defendants from entering- upon the property of the complainant, for the purpose of cutting and constructing a raceway to conduct water from the river Delaware to a point below the Trenton Falls ; the right to cut and construct which raceway is claimed by the Trenton Delaware Falls company for themselves, and for the said William Perse and Elam T. Baldwin as their agents, in virtue of an act of the council and general assembly of this state, entitled, “An act to incorporate a company to create a water-power at the city of Trenton and…
1Opinion of the Court
The Chancellor.
It is always important for a court to ascertain, before it passes upon a cause submitted to it, that its nature and character are such as to be within the power and jurisdiction of the court; and especially when the jurisdiction is questioned or denied by the party upon whom the decision is to operate. It is pecuiiarly important for a court of equity, whose powers are extraordinary and peculiar, and which administers relief in a mode unknown to the common law.
My first business will be, to inquire whether the court can take jurisdiction of the cause now before it.
The power of a…
2Cases cited2 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Haight v. Morris AqueductU.S. Circuit Court for the District of New Jersey · 1826
3Cited by7 opinions
- State v. BuckNew Jersey Superior Court Appellate Division · 1967
- Texas Pipe Line Co. v. SnelbakerNew Jersey Superior Court Appellate Division · 1954
- Valentine v. LamontNew Jersey Superior Court Appellate Division · 1953
- Lenzner v. City of TrentonNew Jersey Superior Court Appellate Division · 1952
- In Re TierneyNew Jersey Superior Court Appellate Division · 1980
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