Legal Opinion

Wheeler v. McIntyre

Montana Supreme Court

Decided November 20, 1918No. 4,157PublishedCited by 10 opinions

Appeal from. District Court, Sill County; W. B. Rhoades,’ Judge. Action by W. H. Wheeler against Margaret McIntyre for injunction. From a judgment for plaintiff, defendant appeals. The rule is that equity will not interpose to restrain the mere violation of a municipal ordinance at the instance of an individual.

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Appeal from. District Court, Sill County; W. B. Rhoades,’ Judge. Action by W. H. Wheeler against Margaret McIntyre for injunction. From a judgment for plaintiff, defendant appeals. The rule is that equity will not interpose to restrain the mere violation of a municipal ordinance at the instance of an individual. It will so interpose its extraordinary powers only when such acts amount to nuisances, or where the applicant for its protection shows that by reason of the violation of the ordinance some special and irreparable injury will result to him. (Rice v. Jefferson, 50 Mo. App. 464; King v.…

1Opinion of the CourtJustice Pigott

By the judgment in this action defendant McIntyre (who will hereinafter be called the defendant) is perpetually enjoined from removing, or attempting to remove, and from digging, excavating, and removing the ground and foundation from beneath, a wooden building known as the McIntyre Opera House. On this appeal by her from that judgment her counsel have argued at length the several specifications of particulars in which, as she asserts, the trial court committed error prejudicially affecting her rights. The plaintiff has not seen fit to state or present his contentions, nor has he appeared, on…

2Cases cited3 opinions

  1. Hyatt v. Vincennes National BankSupreme Court of the United States · 1885
  2. Eisenhauer v. QuinnMontana Supreme Court · 1907
  3. Milliken v. FaulkSupreme Court of Alabama · 1895

3Cited by10 opinions

  1. Rider v. CooneyMontana Supreme Court · 1933
  2. Security State Bank v. McIntyreMontana Supreme Court · 1924
  3. Williard v. Federal Surety Co.Montana Supreme Court · 1932
  4. Bachenheimer v. Palm Springs Management Corp.California Court of Appeal · 1953
  5. Brubaker v. D'OraziMontana Supreme Court · 1947

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