Shields v. Johnson
Idaho Supreme Court
APPEAL from District Court in and for Latah County. Honorable Edgar C. Steele, Judge. From an order granting an injunction ‘pendente lite and an order refusing to dissolve such injunction, defendants appeal. Where defendant is in possession of ground in dispute, an injunction will not be granted, but the parties will be left to their remedy at law. (Washington etc.
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APPEAL from District Court in and for Latah County. Honorable Edgar C. Steele, Judge. From an order granting an injunction ‘pendente lite and an order refusing to dissolve such injunction, defendants appeal. Where defendant is in possession of ground in dispute, an injunction will not be granted, but the parties will be left to their remedy at law. (Washington etc. Co. v. Coeur d’Alene By., 2 Idaho, 580, 21 Pae. 562.) Where a party seeks relief by interlocutory injunction, he should show some clear, legal or equitable right, and an apprehension of immediate injury to those rights. Where none…
1Opinion of the Court
AILSHIE, J. —
This is an appeal from an order made by the district judge on the eighth day of August, 1904, refusing to dissolve a temporary restraining order theretofore issued, and making and entering his further order continuing in force such restraining order during the pendency of the action. The action was commenced on the eighteenth day of July, 1904, by the plaintiff, M. J. Shields, against the defendants, praying for an injunction against the defendants restraining them from cutting, removing or interfering with the plaintiff's crops growing upon a certain one hundred and sixty acre…
2Cases cited4 opinions
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Staples v. RossiIdaho Supreme Court · 1901
- Meyer v. First National Bank of Coeur d'AleneIdaho Supreme Court · 1904
- Wilson v. EaglesonIdaho Supreme Court · 1903
3Cited by12 opinions
- Unity Light & Power Company v. City of BurleyIdaho Supreme Court · 1961
- Shields v. JohnsonIdaho Supreme Court · 1906
- Mountain States Tel. & Tel. Co. v. JonesIdaho Supreme Court · 1954
- Roberts v. KartzkeIdaho Supreme Court · 1910
- Weber v. Della Mountain Mining Co.Idaho Supreme Court · 1905
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