Jastro v. Francis
New Mexico Supreme Court
Appeal from District Court, McKipley County; Ray-nolds, Judge. Suit for injunction by H. A. Jastro and A. B. Mc-Millen against Elias Francis, Narciso Francis, and others. From a judgment awarding permanent injunction and damages, defendants appeal. The remedy of injunction will not be permitted to be used to circumvent the national anti-fence law. Healy v. Smith, 83 Pac. 583; Richards v. Sanderson, 89 Pac. 769; Hill v. Winkler, 21 N. M. 5; 23 Stats.
Read the full summary
Appeal from District Court, McKipley County; Ray-nolds, Judge. Suit for injunction by H. A. Jastro and A. B. Mc-Millen against Elias Francis, Narciso Francis, and others. From a judgment awarding permanent injunction and damages, defendants appeal. The remedy of injunction will not be permitted to be used to circumvent the national anti-fence law. Healy v. Smith, 83 Pac. 583; Richards v. Sanderson, 89 Pac. 769; Hill v. Winkler, 21 N. M. 5; 23 Stats. (U. S.) 321; Buford v. Haute, 133 Ü. S. 320; Light case, 220 U. S. 524; ^Camfield case, 167 U. S. 518; Mackey v. Uni-ta Dev. Co., 219 Fed. 116;…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
[1] (after stating the facts as above). Appellants have filed assignments of error setting forth 13 alleged errors. The brief filed does not undertake to discuss each of the assignments, and the points therein presented are not arranged in logical order. We think, however, appellants present one point which is decisive of the case and which should be considered by the court. It is to the effect that the trial court erred in granting appellees injunctive -relief because, under the facts developed by the evidence, appellees were not entitled to the inujncfion or…
2Cases cited7 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Light v. United StatesSupreme Court of the United States · 1911
- Buford v. HoutzSupreme Court of the United States · 1890
- Linn & Lane Timber Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- Hill v. WinklerNew Mexico Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Walker v. United StatesNew Mexico Supreme Court · 2007
- Frostenson v. MarshallNew Mexico Supreme Court · 1919
- Winters v. TurnerUtah Supreme Court · 1929
- Gutierrez v. Montosa Sheep Co.New Mexico Supreme Court · 1919
- Sandoval v. ChavezNew Mexico Supreme Court · 1921