Middleton v. Franklin
MIDDLETON v. FRANKLIN
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
*241It is well settled that to entitle a party to an injunction in a case of. nuisance, the injury to be sustained must be such as cannot be adequately compensated by damages, or it must be irremediable, or lead to irremediable mischief.
Such is not the case presented by the allegations of the complainant’s bill. It does not show a sufficient probability of mischief to require the restraining power of the court, or at least until the question of nuisance or not is determined by a jury, and even then the remedy at common law is ample.
Let the injunction be dissolved, with costs.
Cited by
- People v. ConAgra Grocery Products Co. H040880 · 2017-11-14
- Bigelow v. City of Los Angeles No. 13301 · 1890-09-12
- West v. Smith No. 5454 · 1877-07-01