Sapp v. Roberts
Nebraska Supreme Court
Appeal from the district court of Johnson county ^ Heard below before Broady, J. Injunction will not be granted where the parties are in dispute concerning their legal rights until the right is established at law. Mammouth, ete., Appeal, 54 Pa. St., 183. Minnig’s Appeal, 82 Pa. St., 373. Corning v. Troy, eto.h 40 N. Y., 191 — 207. The injury being completed, injunction will not lie. Davis v. Londgreen, 8 Neb., 47. Coker *o.
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Appeal from the district court of Johnson county ^ Heard below before Broady, J. Injunction will not be granted where the parties are in dispute concerning their legal rights until the right is established at law. Mammouth, ete., Appeal, 54 Pa. St., 183. Minnig’s Appeal, 82 Pa. St., 373. Corning v. Troy, eto.h 40 N. Y., 191 — 207. The injury being completed, injunction will not lie. Davis v. Londgreen, 8 Neb., 47. Coker *o. Simpson, 7 Cal., 340. And if the trespass be temporary or fugitive there is no ground for the granting of an injunction. Minnig’s Appeal, 82 Penn. St., 373. James v.…
1Opinion of the CourtReese, J.
An injunction was issued by the district court for the purpose of restraining defendant from cutting down a line of osage hedge fence between the farms of plaintiff and defendant. Upon final trial the district court found in favor of plaintiff generally, upon the facts, and rendered a decree making the injunction perpetual. Defendant appeals to this court.
The first question presented for decision is, whether or *301not the plaintiff would be entitled to an injunction in the-absence of proof of the. insolvency of defendant, were it conceded that plaintiff was the owner of the hedge and that…
2Cases cited2 opinions
- Fulton v. HarmanCourt of Appeals of Maryland · 1876
- Tigard v. MoffittNebraska Supreme Court · 1882
3Cited by2 opinions
- Jurgens v. WieseNebraska Supreme Court · 1949
- Meyer v. PerkinsNebraska Supreme Court · 1911