Perkins v. Foye
Supreme Court of New Hampshire
Bill in Equity, alleging the right of the plaintiff to draw water for the use of his mill from the defendant’s reservoir, and praying for an injunction to restrain the defendant from interference. The plaintiff’s right to the water was disputed.
1Opinion of the CourtClark, J.
It is a general rule, that equity will interfere by injunction only in cases of an admitted or legally adjudged right in-the plaintiff, admitted or legally adjudged to be infringed by the defendant. The existence of the right, and the fact of its infringement, if disputed, must be tried in a court of law. Ad. Eq. 217. To this rule some exceptions are allowed, arising in cases of pressing necessity, when it clearly appears that' no adequate remedy at law exists, and that irreparable and permanent injury must result unless the summary process by injunction is interposed. But to authorize the…
2Cases cited2 opinions
- Jordan v. WoodwardSupreme Judicial Court of Maine · 1854
- Morse v. Machias Water Power & Mill Co.Supreme Judicial Court of Maine · 1856
3Cited by2 opinions
- Foss v. PlaceSupreme Court of New Hampshire · 1916
- Fisher v. CarpenterSupreme Court of New Hampshire · 1893