Legal Opinion

Stockwell v. Woodward

Supreme Court of Vermont

Decided October 15, 1879Published

Appeal from the Court of Chancery. The bill, which was filed in said court, in Essex County, at the September Term, 1878, alleged that at the March Term, 1875, in said county, the defendant Woodward presented a petition to said court, alleging title in himself to certain water therein described, and alleging that the orator was exercising ownership over the same, derogatory to said defendant’s right, and praying for an injunction; that such proceedings were thereupon had…

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Appeal from the Court of Chancery. The bill, which was filed in said court, in Essex County, at the September Term, 1878, alleged that at the March Term, 1875, in said county, the defendant Woodward presented a petition to said court, alleging title in himself to certain water therein described, and alleging that the orator was exercising ownership over the same, derogatory to said defendant’s right, and praying for an injunction; that such proceedings were thereupon had that at the March Term of said court, 1876, it was decreed that the orator be perpetually enjoined from interfering with or…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

This is an injunction bill brought by the orator to restrain the collection of an execution issued out of the Court of Chancery in Essex County, at its April Term, 1877, and the case comes up on demurrer. The defendant Woodward, in 1875, brought a petition in equity against the orator Stockwell, upon which the court, at its March Term, 1876, granted a perpetual injunction against Stockwell, and decreed that he pay the costs of the suit. An appeal was taken from that decree to this court, which was heard at its August Term, 1876, in Essex…

2Cases cited6 opinions

  1. Parsons v. . JohnsonNew York Court of Appeals · 1877
  2. Wilson v. ConineNew York Supreme Court · 1807
  3. Monroe v. . UptonNew York Court of Appeals · 1872
  4. Downer v. RowellSupreme Court of Vermont · 1854
  5. Harrington v. McNaughtonSupreme Court of Vermont · 1848

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