Wilson v. All
Supreme Court of South Carolina
Before Sease, J., Barnwell, April, 1910. Action by Z. I. Wilson against Daisy All and F. D. Bessinger. Defendant appeals from circuit order. cites: Verification of complaint: 28 S. C., 184; 33 S. C., 253. Injunction is only granted on verified complaint: 37 S. C., 230. Plaintiff has a legal remedy: Pom. Eq., sec. 1338; 17 S. C., 417; 24 S. C., 44; 42 S. C., 96; 10 Ency.
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Before Sease, J., Barnwell, April, 1910. Action by Z. I. Wilson against Daisy All and F. D. Bessinger. Defendant appeals from circuit order. cites: Verification of complaint: 28 S. C., 184; 33 S. C., 253. Injunction is only granted on verified complaint: 37 S. C., 230. Plaintiff has a legal remedy: Pom. Eq., sec. 1338; 17 S. C., 417; 24 S. C., 44; 42 S. C., 96; 10 Ency. P. & P„ 951. cites: Injunction matter settled by compromise: 8 Cyc., 504, 501, 518; 17 S. C., 289; 15 S. C., 224; Strob. Eq., 258; 28 Ency., 527. Appellant is estopped: 16 Cyc., 787; 53 S. C., 382; 19 S. €., 211.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
Plaintiff brought this action to recover damages from defendants for wrongful and wanton flooding of her land and injury to same and the crops thereon, by drawing water from defendant’s land on to plaintiff’s land by means of a ditch, and-for an injunction to prohibit continuation of such trespasses.
A temporary injunction was granted by Judge Sease, and upon motion of defendants to dissolve the same, he stated that he would continue the injunction, and at the request of defendants declared that he would require plaintiff to give…
2Cases cited2 opinions
- Clement v. DeanSupreme Court of South Carolina · 1898
- State ex rel. Wilcox v. ScarboroughSupreme Court of South Carolina · 1899
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