Bailey v. Schnitzius
Supreme Court of New Jersey
The bill of complaint was filed to restrain the defendant, William T. Bailey, and another, from in anywise filling in, blocking up and obstructing an alleged ancient water-course running over lands of the complainant, crossing a public highway called Lee’s lane, and on and over lands of the defendant; and commanding them to remove the obstructions now existing and placed therein by them.
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The bill of complaint was filed to restrain the defendant, William T. Bailey, and another, from in anywise filling in, blocking up and obstructing an alleged ancient water-course running over lands of the complainant, crossing a public highway called Lee’s lane, and on and over lands of the defendant; and commanding them to remove the obstructions now existing and placed therein by them. The defendant, who owned laud on the westerly side of the highway, has filled, graded and improved his land, laying it out and mapping it for building lots, and made an embankment about two feet high and…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
This case is burdened by the large amount of testimony taken by many witnesses examined on the rule to show cause why a preliminary injunction should not be issued. The affidavits annexed to the bill were met by the answer and affidavits in reply. Besides these full evidence was offered and taken, as if in preparation for final hearing. In these preliminary proceedings, therefore, the whole case has been substantially heard, decided and relief given as if on final hearing. Other affidavits than those annexed to the bill for injunction and…
2Cases cited1 opinion
- Poor v. CarletonU.S. Circuit Court for the District of Massachusetts · 1837
3Cited by6 opinions
- Spoor-Thompson, C., Co. v. Bennett, C.New Jersey Court of Chancery · 1929
- Samaritan Center v. Borough of EnglishtownNew Jersey Superior Court Appellate Division · 1996
- Mayor, C., Jersey City v. CoppingerNew Jersey Court of Chancery · 1927
- Moss Ind. v. Irving Metals Co.New Jersey Court of Chancery · 1947
- Rockaway, C., Corp. v. D., L. W.R.R. Co.New Jersey Court of Chancery · 1927
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