Smith v. Adams
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellant filed a bill in chancery to obtain an injunction against the diversion of a water course by the respondent. The cause was heard on pleadings and proofs by the vice chancellor of the second circuit, who decreed an injunction.
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Appeal from chancery. The appellant filed a bill in chancery to obtain an injunction against the diversion of a water course by the respondent. The cause was heard on pleadings and proofs by the vice chancellor of the second circuit, who decreed an injunction. On an appeal to the chancellor, the decree of the vice chancellor was reversed, and the complainant’t bill dismissed with costs'. But the chancellor added a clause precluding the complainant from again litigating the question whether, previous to the filing of the bill, the defendant had actually diverted the water. See the case, the…
1Opinion of the Court
After advisement, an opinion was delivered by Mr. Justice Bronson, concurring with the chancellor, that the bill was properly dismissed, but concluding as follows :
“ Considering this a most unreasonable litigation on the part of the complainant, and not finding upon the points submitted by his counsel, another question, which was, however, mentioned on the argument, I was at first inclined to the opinion that the decree should be affirmed throughout. But on turning my attention more particularly to the form of the decree, [ *586 ] I think it requires some modification. * Although the right of the…
2Cited by5 opinions
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- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Cahill v. WissnerAppellate Division of the Supreme Court of the State of New York · 1918
- Gaines v. HennenSupreme Court of the United States · 1861