Weigel v. Walsh
Supreme Court of Missouri
Error to Si. Louis Circuit Court. The case, if stated on plaintiff’s own theory, is one of pecuniary damages. He had no longer any interest in the buildings as against the landlord. The remedy of defendant Weigel is adequate at law, and injunction therefore does not lie. (Burgess v. Kattleman, 41 Mo. 482.) Whenever a trespass goes to the destruction of plaintiff’s estate, he is entitled to an injunction. (Herr v. Bierbower, 8 Md.
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Error to Si. Louis Circuit Court. The case, if stated on plaintiff’s own theory, is one of pecuniary damages. He had no longer any interest in the buildings as against the landlord. The remedy of defendant Weigel is adequate at law, and injunction therefore does not lie. (Burgess v. Kattleman, 41 Mo. 482.) Whenever a trespass goes to the destruction of plaintiff’s estate, he is entitled to an injunction. (Herr v. Bierbower, 8 Md. Ch. 458 ; Shipley v. Ritter, 7 Md. 418; Jerome v. Ross, 7 Johns. Ch. 332.) The same state of facts which would constitute waste as against a tenant, will justify…
1Opinion of the CourtCurrier, Judge
Although the doctrine is of modern origin, it is nevertheless now a well-settled principle of equity jurisprudence that the remedy by injunction is allowable against a mere trespasser when the injury sought to be averted goes to the destruction of the inheritance, or is otherwise irreparable in its character: "(Echelkamp v. Schrader, ante, p. 505.) But the sole ground upon which • an injunction is granted in such cases is that the trespass complained of operates such irreparable ’ mischief that it is not susceptible of adequate compensation in the way of pecuniary damages. (James v. Dixon, 20…
2Cases cited2 opinions
- Burgess v. KattlemanSupreme Court of Missouri · 1867
- James v. DixonSupreme Court of Missouri · 1854
3Cited by17 opinions
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Poirier v. FetterSupreme Court of Kansas · 1878
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Gordon v. MansfieldMissouri Court of Appeals · 1900
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