Waldron v. Marsh
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Nevada County. The facts appear in the opinion of the Court.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
An injunction ought not to be granted in aid of an action of trespass, unless it appear that the injury will be irreparable, and cannot be compensated in damages.
*120In this ease, how the cutting of a ditch through the plaintiff’s land would be such an injury I cannot imagine. It is not sufficient that the affidavit alleges that the injury would be irreparable—it must be shown to the Court how and why it would be so, otherwise the extraordinary remedy of injunction will not be allowed, especially where no action has ever determined the plaintiff's rights.
The injunction in…
2Cited by13 opinions
- Schoonover v. BrightWest Virginia Supreme Court · 1884
- Whitmore v. ShiverickNevada Supreme Court · 1867
- Thorn v. SweeneyNevada Supreme Court · 1877
- Crisman v. HeidererSupreme Court of Colorado · 1881
- Caifornia Navigation Co. v. Union Transportation Co.California Supreme Court · 1898
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