Sankey v. St. Mary's Female Academy
Montana Supreme Court
Appeal from the First Judicial District, Lewis and Clarke County. The facts appear in the opinion. The record raises but one question, and that is whether an injunction will lie to restrain a trespass, it not appearing that the injury will be irreparable, or that it cannot be compensated in damages. The authorities seem to preponderate very decidedly in favor of the proposition, that in such a ease an injunction will not lie. (Jerome v. Boss, 7 Johns. Ch. 315; 11 Am.
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Appeal from the First Judicial District, Lewis and Clarke County. The facts appear in the opinion. The record raises but one question, and that is whether an injunction will lie to restrain a trespass, it not appearing that the injury will be irreparable, or that it cannot be compensated in damages. The authorities seem to preponderate very decidedly in favor of the proposition, that in such a ease an injunction will not lie. (Jerome v. Boss, 7 Johns. Ch. 315; 11 Am. Dec. 484; Cherokee Nation v. Georgia, 5 Peters, 1; Bonaparte v. Camden etc. B. B. Co. 1 Bald. 205; Webb v. Portland Manuf. Co.…
1Opinion of the CourtLiddell, J.
The plaintiff is the undisputed owner of certain lots fronting on Eodney Street, in square Ho. 28, in the city of Helena, while the defendant is the admitted owner of those lots in the same square which adjoin the plaintiff’s property on the rear end. Between the premises of the parties there has existed an alleyway of some eight feet or more in width, which afforded access to the rear of the lots occupied by the complainant. Her dwelling-house stands directly on the eastern line of the fence, along the neutral ground, and has windows in that side next the premises of the defendant, and which…
2Cases cited3 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Mayor of Frederick v. GroshonCourt of Appeals of Maryland · 1869
- Grant v. CrowSupreme Court of Iowa · 1878
3Cited by7 opinions
- Dunshee v. Standard Oil Co.Supreme Court of Iowa · 1911
- Thrasher v. HodgeMontana Supreme Court · 1929
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Musselshell Cattle Co. v. WoolfolkMontana Supreme Court · 1906
- Lee v. WatsonMontana Supreme Court · 1895
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