If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need... Pleading and Practice of the High Court of Chancery - Page 1629by Edmund Robert Daniell, Thomas Emerson Headlam, Leonard Field - 1871 - 2774 pagesFull view - About this book
| Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - Equity - 1834 - 778 pages
...we lay down the rule respecting the relief by injunction, as applied to such cases, to be this: — If the thing sought to be prohibited is in itself...mischief, without waiting for the result of a trial ; and will, according to the circumstances, direct an issue, or allow an action, and, if need be, expedite... | |
| Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - Equity - 1834 - 772 pages
...we lay down the rule respecting the relief by injunction, as applied to such cases, to be this:—If the thing sought to be prohibited is in itself a nuisance,...mischief, without waiting for the result of a trial; and will, according to the circumstances, direct an issue, or allow an action, and, if need be, expedite... | |
| Great Britain. Court of Chancery, Henry Brougham Baron Brougham and Vaux - Equity - 1835 - 552 pages
...justify, if we lay down the rule respecting the relief by injunction, as applied to such cases as this. If the thing sought to be prohibited is in itself...mischief without waiting for the result of a trial; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite... | |
| Great Britain. Court of Chancery, Henry Brougham Baron Brougham and Vaux - Equity - 1835 - 558 pages
...justify, if we lay down the rule respecting the relief by injunction, as applied to such cases as this. If the thing sought to be prohibited is in itself...mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite... | |
| New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1838 - 712 pages
...Lord Brougham in the recent case of The Earl of Ripon v. Hobart, (Cooper's Rep. Temp. Brougham, 343.) If the thing sought to be prohibited is in itself...court will interfere to stay irreparable mischief, where the complainant's right is not doubtful, without waiting for the result of a trial. But where... | |
| Canals - 1840 - 786 pages
...the rule of this Court, respecting the relief by injunction in these cases, as follows (d) : — " If the thing sought to be prohibited, is in itself...mischief, without waiting for the result of a trial ; and will, according to the circumstances, direct an issue, or allow an action, and, if need be, expedite... | |
| Law - 1845 - 490 pages
...preventing irreparable mischief; and the thing complained of must be directly and immediately hurtful. If the thing sought to be prohibited is in itself a nuisance, the court will interfere; but where the thing sought to be restrained u not unavoidable and in itself noxious, but only something... | |
| Francis Vesey, Great Britain. Court of Chancery - Equity - 1845 - 420 pages
...and Mr. Spranger, in support of the Injunction.—In the case of Barnes \. Baker (1) Lord Hardfere to stay irreparable mischief without waiting for the result of a trial; and will, according to the circumstances, direct an issue, or allow an action ; and, if need be, expedite... | |
| THOMAS EMERSON HEADLAM, M.A. - 1846 - 794 pages
...injunction will be decreed. Ingraham t. Dunnell, 5 Metcalf, 126 ; 2 Story Eq. Jur. § 925, § 926. If the thing, sought to be prohibited, is in itself...sought to be restrained is not unavoidably and in itselt noxious, but only something, which may according to circumstances prove so, then the Court will... | |
| Conveyancing - 1848 - 646 pages
...respecting the relief by injunction, as applied to cases of nuisance, were ta be laid down as follows : — If the thing sought to be prohibited is in itself...mischief, without waiting for the result of a trial ; and will, according to the circumstances, direct an issue, or allow an action, and, if need be, expedite... | |
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