Edmison v. Sioux Falls Water Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action to enjoin defendant company from cutting off plaintiff’s water supply. A preliminary injunction was granted plaintiff but on trial judgment was rendered for defendant. A reference was ordered to assess damages sustained by reason of the issuance of the preliminary injunction. From the judgment entered upon the referee’s report, plaintiffs and sureties appeal. The facts are 'stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action to enjoin defendant company from cutting off plaintiff’s water supply. A preliminary injunction was granted plaintiff but on trial judgment was rendered for defendant. A reference was ordered to assess damages sustained by reason of the issuance of the preliminary injunction. From the judgment entered upon the referee’s report, plaintiffs and sureties appeal. The facts are 'stated in the opinion. In assessing damages upon the dissolution of an injunction, none will be allowed that are not the actual, natural and…
1Opinion of the CourtCorson, P. J.
In September, 1891, the plaintiffs, Edmison and Jameson, being then the owners of a six story building *442in Sioux Falls, instituted an action against the defendant to enjoin it from cutting of the water supply for their said building, which it was alleged the water company was threatening to do. A preliminary injunction order was granted, upon condition that plaintiffs execute an undertaking in the penal sum of $2,000, with sureties. Such an undertaking was executed by the plaintiffs, with Brace and Corson as sureties. In September, 1892, a trial was had, resulting in a judgment for the…
2Cases cited3 opinions
- Loehner v. HillMissouri Court of Appeals · 1885
- Hoffelmann v. FrankeSupreme Court of Missouri · 1888
- McDonald v. JamesThe Superior Court of New York City · 1874
3Cited by6 opinions
- Orr v. KneipSouth Dakota Supreme Court · 1979
- Kelly v. Narregang Investment Co.South Dakota Supreme Court · 1918
- Luze v. BrueningSouth Dakota Supreme Court · 1920
- City of Chamberlain v. QuarnbergSouth Dakota Supreme Court · 1909
- Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1901
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