Thorn v. Sweeney
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in tbe opinion of tbe court.
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Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in tbe opinion of tbe court. I. The injunction should not have been issued, and should have been dissolved on motion: 1. There was no statement of facts necessary to enable the court to say that any irreparable 'injury had resulted, or would result to plaintiff from any acts of the defendants ; 2. There was no allegation that defendants were unable to discharge and satisfy any judgment that might be obtained against them in the action; 3. The complaint on its face shows that the plaintiff had a…
1Opinion of the Court
*254By the Court,
Hawley, C. J.:
This appeal is from an order refusing to dissolve a temporary injunction. The motion to dissolve is based upon the complaint and answer, and oral testimony submitted at the hearing.
The complaint alleges that plaintiff is the owner in fee of certain land; that the defendants unlawfully entered upon it, dug up and removed the soil, dirt and earth thereon, and excavated and made a ditch for the purpose of conducting water therein, and Avith the intent and purpose to establish and acquire an easement and servitude in said land, to the injury of said land, to…
2Cases cited8 opinions
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Weigel v. WalshSupreme Court of Missouri · 1870
- Waldron v. MarshCalifornia Supreme Court · 1855
- Nicodemus v. NicodemusCourt of Appeals of Maryland · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Carney v. HadleySupreme Court of Florida · 1893
- Norton v. ElwertOregon Supreme Court · 1895
- McGregor v. Silver King Mining Co.Utah Supreme Court · 1896
- Rivers v. BurbankNevada Supreme Court · 1878
11 more not listed; retrieve them via the Exa API.