Waubay Motor Sales Co. v. Lasell
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hjon. Fraxk Mc-Nulty, Judge. Action by the Waubay Motor Sales Company against G. G. Lasell and others as trustees of the town of Waubay, to enjoin obstruction of the flow of certain water through town water pipes, etc. From a judgment of the trial court finding defendants guilty of contempt of court in disobeying a temporary injunction in the pending action, defendants appeal.
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Appeal from Circuit Court, Day County. Hjon. Fraxk Mc-Nulty, Judge. Action by the Waubay Motor Sales Company against G. G. Lasell and others as trustees of the town of Waubay, to enjoin obstruction of the flow of certain water through town water pipes, etc. From a judgment of the trial court finding defendants guilty of contempt of court in disobeying a temporary injunction in the pending action, defendants appeal. The function of a writ of injunction is to afford preventative relief; it is powerless to correct wrongs that are already committed. City of Alma v. Loehr, (Kan.) 22 Pac. 424;…
1Opinion of the Court
GATES; J.
Prior to September 1, 1912, respondent owned a building in Waubay, S. D., in one department of which it op*392erated an electric light plant, and in the other part conducted an automobile business. From the town water mains there ran two service pipes, the north pipe into the electric light plant, and the south pipe into the garage. Prior to July i, 1912, the town authorities directed that meters should be placed on all service pipes. Respondent placed one on the'south pipe. On July 6, 1912, the north pipe was shut off by direction of the town officials for failure of respondent to…
2Cases cited5 opinions
- Allen v. StowellCalifornia Supreme Court · 1905
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Lawrence v. EwertSouth Dakota Supreme Court · 1908
- Troe v. LarsonSupreme Court of Iowa · 1892
- Magpie Gold Mining Co. v. ShermanSouth Dakota Supreme Court · 1909
3Cited by1 opinion
- State ex rel. Vig v. LehmanSouth Dakota Supreme Court · 1922