Watkins v. Childs
Supreme Court of Vermont
Appeal in Chancery, Grand Isle County. Heard at Chambers, April 22, 1905, on demurrer to the bill. Rowell, Chancellor. Demurrer sustained, bill adjudged insufficient and dismissed with costs, and case referred to a master to determine the injunction damages. The orator appealed. The opinion states the case.
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Appeal in Chancery, Grand Isle County. Heard at Chambers, April 22, 1905, on demurrer to the bill. Rowell, Chancellor. Demurrer sustained, bill adjudged insufficient and dismissed with costs, and case referred to a master to determine the injunction damages. The orator appealed. The opinion states the case. Where a bill is framed with the sole purpose of obtaining an injunction, and no other grounds of equitable relief are alleged, upon dissolution of the injunction the bill will be dismissed. Am. Live Stock etc. Co. v. Chicago Live Stock Co., 143 111. 210, 18 D. R. A. 190; High, Injunctions,…
1Opinion of the CourtPowers, J.
The bill shows that a controversy has arisen between the oratrix and the defendant as to the true location of the line dividing their adjoining lands in Grand Isle. That the defendant has, without right or authority, built a fence on a part of the line as he claims it, and threatens to complete the same along the entire length of the same, thereby cutting off a strip of her land several feet in width. There are allegations regarding a suit at law, but they add nothing to the equities of the bill. The prayer is for an injunction and “for such other and general relief as to the court shall seem…
2Cases cited2 opinions
- Frost v. WallsSupreme Judicial Court of Maine · 1899
- Walker v. LeslieCourt of Appeals of Kentucky · 1890
3Cited by4 opinions
- Price v. RowellSupreme Court of Vermont · 1960
- York v. McCauslandSupreme Judicial Court of Maine · 1931
- S. L. Garand Co. v. Everlasting Memorial Works, Inc.Supreme Court of Vermont · 1970
- Glickman v. KastelMassachusetts Supreme Judicial Court · 1948