Legal Opinion

St. Joseph & Elkhart Power Co. v. Graham

Indiana Supreme Court

Decided May 23, 1905No. 20,624PublishedCited by 10 opinions

From St. Joseph Circuit Court; Walter A. Funic, Judge. Suit by Archibald G-. Graham and others against the St. Joseph & Elkhart Power Company and another. From a judgment for plaintiffs, defendants appeal. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.

1Opinion of the CourtMonks, C. J.

The St. Joseph & Elkhart Power Company, one of the appellants, was engaged in erecting a line of poles across the land of appellee Graham when said appellee brought a suit, (Ho. 9,487) in the court below, and secured a temporary injunction against the further erection of the same. While this suit was pending the power company brought a suit, (Ho. 9,495) in the court below, and, by giving their bond, secured a temporary restraining order, restraining appellees from cutting down the poles already erected on said land.

Afterwards the parties to said suits entered into a written agreement, which,…

2Cases cited10 opinions

  1. Palmer v. . FoleyNew York Court of Appeals · 1877
  2. Snyder Manufacturing Co. v. SnyderOhio Supreme Court · 1896
  3. Dowling v. PolackCalifornia Supreme Court · 1861
  4. Loomis v. BrownNew York Supreme Court · 1853
  5. Johnson v. . ElwoodNew York Court of Appeals · 1880

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3Cited by10 opinions

  1. M. Blatt Company v. SouthwellSupreme Court of North Carolina · 1963
  2. Janssen v. ShownCourt of Appeals for the Ninth Circuit · 1931
  3. Doan v. BushSupreme Court of Arkansas · 1917
  4. Downs v. American Surety Co.Supreme Court of Minnesota · 1916
  5. Wilshirb Mortgage Corp. v. O. A. Graybeal Co.California Court of Appeal · 1940

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