Weaver v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover damages for trespasses by defendant, and to enjoin it from use of, or interference with his land, and recovered judgment granting a perpetual injunction against defendant.
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Plaintiff brought this action in the district court for Hennepin county, to recover damages for trespasses by defendant, and to enjoin it from use of, or interference with his land, and recovered judgment granting a perpetual injunction against defendant. Plaintiff appeals from an order made by Shaw, J., on defendant’s motion, modifying this injunction, so as to exclude from its operation a strip of plaintiff’s land, pending proceedings to condemn the same for defendant’s use. A former appeal in the action is reported in 28 Minn. 534.
1Opinion of the CourtMitchell, J.
This is an appeal from an order modifying an injunction, and suspending its operation in part. Such an order is in effect one dissolving an injunction pro tanto, and is appealable under G-en. St. 1878, c. 86, § 8, subd. 2.
The facts in this case, so far as here material, are briefly these: Final judgment was rendered, granting a perpetual injunction restraining defendant from entering upon certain lands of plaintiff, and from causing logs or other material to run upon or injure them, and from in any manner interfering with them. Subsequently defendant instituted proceedings under its charter,…
2Cases cited8 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Weir v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1872
- Wetmore v. LawNew York Supreme Court · 1860
- Board of Education v. MooreSupreme Court of Minnesota · 1871
- Minnesota Valley Railroad v. DoranSupreme Court of Minnesota · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ladner v. Siegel (No. 4)Supreme Court of Pennsylvania · 1929
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Channel 10, Inc. v. Independent School District No. 709Supreme Court of Minnesota · 1974
- Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1905
- Emergency Hospital of Easton v. StevensCourt of Appeals of Maryland · 1924
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