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
| Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1158 pages
...contingent is also strongly expressed by Lord Brougham in Earl of Bipon v. Hobart, 3 Mylne & K. 169: "If the thing sought to be prohibited is in itself a nuisance, the court will interfere to stop irreparable mischief without waiting for the result of a trial. But where the thing sought to... | |
| Law reports, digests, etc - 1909 - 1278 pages
...Following the English rule, the Chancellor, in Mohawk Bridge Co. v. Utica & SR Co., 6 Paige, 563, said: "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... | |
| United States. Supreme Court - Law reports, digests, etc - 1911 - 1584 pages
...ruinous or irreparable." 2 Story's Eq. 207. In Ripon v. Hobart, 3 Mylne & Keen, 169, Lord Brougham says: "If the thing sought to be prohibited is in itself...court •will interfere to stay irreparable mischief with508*] out 'waiting for the result of a trial; and will, according to the circumstances, direct... | |
| Law reports, digests, etc - 1912 - 972 pages
...v. Lake, 54 M. 540, 28 Am. Rep. 378. § 19. Nuisances subject to abatement or injunction. (1839-43). If the thing sought to be prohibited is in Itself a nuisance a court of equity will Interfere, but where the thing sought to be restrained is not unavoidable and... | |
| Francis Marion Burdick - Torts - 1913 - 724 pages
...The Principles Upon Which It Is Granted. These have been stated by Lord Brougham as follows : " Tf 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... | |
| Law - 1879 - 556 pages
...stated by Lord Chancellor Brougham in the case of the Earl of Ripon v. Hobart, 3 Mylne & Keene 169, 179: "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... | |
| United States. Supreme Court - Law reports, digests, etc - 1883 - 1160 pages
...or irreparable. (2 Story 'sEq.. 207.) In Itipon v. Hubart, 8 Mylne & Keen, 169, Lord Brougham says : "If the thing sought to be prohibited is in itself...court will interfere to stay irreparable mischief with<5O8*] out *waitiiig for the result of a trial; and will, according to the circumstances, direct... | |
| United States. Supreme Court - Law reports, digests, etc - 1912 - 1114 pages
...only where facts are contested; anJ cases of nuisance are exceptcd from the bencfH even of this rule. "If the thing sought to be prohibited is in itself a nuisance, the court «И interfere to stay irreparable mischief, without waiting the result of a trial." Shelford o" Railways,... | |
| Mississippi. Supreme Court - Law reports, digests, etc - 1858 - 806 pages
...in a recent case of the Earl of Risson v. Hobart, Cooper, Rep. (temp. Brougham,) 343. "If anything sought to be prohibited is in itself a nuisance, the...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... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1882 - 694 pages
...Myl. & Keene, 169, respecting the exercise of the jurisdiction, have been here adopted. He said : " If the thing sought to be prohibited is in itself a nuisance, the court will interfere to stay irreparaVOL. LXVII. [Ogletree v. McQnaggs et al.] ble mischief without waiting for the result of a... | |
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