Legal Opinion

Boise Development Co. v. Idaho Trust & Savings Bank, Ltd.

Idaho Supreme Court

Decided February 3, 1913PublishedCited by 10 opinions

APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Jobn F. MacLane, Judge. Action for a permanent injunction restraining tbe construction and maintenance of a dam and breakwater in tbe Boise liver. Before a court of equity will grant relief, it is necessary for tbe complainant to satisfy tbe court tbat irreparable injury will occur if an injunction be not granted. (22 Cyc. 762; ScJiubach v. McDonald, 179 Mo. 163, 101 Am.

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APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Jobn F. MacLane, Judge. Action for a permanent injunction restraining tbe construction and maintenance of a dam and breakwater in tbe Boise liver. Before a court of equity will grant relief, it is necessary for tbe complainant to satisfy tbe court tbat irreparable injury will occur if an injunction be not granted. (22 Cyc. 762; ScJiubach v. McDonald, 179 Mo. 163, 101 Am. St. 452. 78 S. ."W. 1020, 65 L. B. A. 136; Rouse v. Martin, 75 Ala. 510, 51 Am. Rep. 463; Berri v. Patch, 12 Cal. 299; Smith v. Schlink, 15…

1Opinion of the CourtStewart, J.

This action was instituted in the district court of Ada county by plaintiffs, respondents here, against the defendants, to secure a permanent injunction restraining *41the defendants from completing a certain dam constructed by defendants in Boise river, and from filling in a portion of the river channel behind said dam, and from maintaining the same when completed, and compelling the defendants to remove the portion so constructed, and all obstructions made * by defendants in the channel of the Boise river.

The cause was tried to the court and findings of fact and conclusions of law were made by…

2Cases cited19 opinions

  1. Lamb v. Reclamation District No. 108California Supreme Court · 1887
  2. Price v. GriceIdaho Supreme Court · 1904
  3. Shelbyville & Brandywine Turnpike Co. v. GreenIndiana Supreme Court · 1884
  4. Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
  5. Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890

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3Cited by10 opinions

  1. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  2. Bower v. MoormanIdaho Supreme Court · 1915
  3. Milbert v. Carl Carbon, Inc.Idaho Supreme Court · 1965
  4. Atchison, T. & S. F. Ry. Co. v. HadleySupreme Court of Oklahoma · 1934
  5. Campion v. SimpsonIdaho Supreme Court · 1983

5 more not listed; retrieve them via the Exa API.

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