Fisk v. Wilber
New York Supreme Court
In Equity. This was a rehearing of a cause decided at a special term by Gridley, Justice. The bill was originally filed in the court of chancery, before the vice chancellor of the fifth circuit. The object of the bill was to ascertain, settle and establish, by a decree of the court, the rights and privileges of the respective parties of, in, and to the waters and water privileges particularly described therein.
Read the full summary
In Equity. This was a rehearing of a cause decided at a special term by Gridley, Justice. The bill was originally filed in the court of chancery, before the vice chancellor of the fifth circuit. The object of the bill was to ascertain, settle and establish, by a decree of the court, the rights and privileges of the respective parties of, in, and to the waters and water privileges particularly described therein. The bill alledged that on the 1st of Jan. 1828, Lodowick and Samuel W. Brown were seised as tenants in common of certain lands, mills and water privileges in Plainfield, with a grist…
1Opinion of the Court
By the Court, Pratt, J.
We have recently had occasion to examine into the power of a court of equity to grant relief in cases of this kind, and to inquire under what circumstances the court will interpose by injunction. (Olmsted v. Loomis, 6 Barb. S. C. R. 152.) We said in that case that it was well *400established that courts of equity had concurrent jurisdiction with courts of law in cases of private nuisance, but that it was not every case of that kind which would authorize the exercise of such jurisdiction. (Angell on Water Courses, 174. Eden on Inj. 269. 2 John. Ch. Rep. 282. 6 Id. 19. 4 B. &…
2Cases cited3 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
3Cited by10 opinions
- State v. EhrlickWest Virginia Supreme Court · 1909
- Oswald v. WolfIllinois Supreme Court · 1889
- Briel v. City of NatchezMississippi Supreme Court · 1873
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
- Pennsylvania Coal Co. v. President, Managers, of the Delaware & Hudson Canal Co.New York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.