 | 1893
...enjoyment thereof, a court of equity must be satisfied that the threatened damage Is substantial, and the remedy at law in fact Inadequate, before restraint...compensation, the court will decline to Interfere. In McElroy v. Kansas City, 21 Fed. Rep. 257, which was an application for an injunction to restrain... | |
 | 1901
...enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial, and the remedy at law in fact inadequate, before restraint will be laid upon the progress of a public work." It is, of course, true, as said in the next sentence, that "if the case made discloses only a legal... | |
 | United States. Supreme Court - 1893
...enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial and the remedy at law in fact inadequate before restraint...compensation, the court will decline to interfere. In McElroy v. Kansas City, 21 Fed. Rep. 257, which was an application for an injunction to restrain... | |
 | John Lewis - 1893
...enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial, mid the remedy at law in fact inadequate, before restraint...compensation, the court will decline to interfere. * * * Evidence was adduced of the extent and character of the alleged damage, although the circuit... | |
 | United States. Supreme Court - 1893
...court of equity must be satisfied that the threatened damage is substantial and the remedy at la\v in fact inadequate before restraint will be laid upon...compensation, the court will decline to interfere. In McElroy v. Kansas City, 21 Fed. Rep. 257, which was^ an application for an injunction to restrain... | |
 | Abraham Clark Freeman - 1895
...enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial, and the remedy at law in fact inadequate, before restraint...will decline to interfere": To the same effect is Booth on Street Railway Law, 189; Elliott on Roads and Streets, 536; Tiedeman on Municipal Corporations,... | |
 | 1896
...enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial, and the remedy at law in fact inadequate, before restraint...will decline to interfere." To the same effect is Booth, Street Railway Law, 189; Elliott, Heads & Streets, 536; Tiedeman, Mun. Corp. § 307; 2 Dill.... | |
 | 1896
...and the remedy at law inadequate in effect, before restraint will be laid upon the progress of the public work. And If the case made discloses only a legal right to recover damages, rather than to command compensation, the court will decline to interfere." Cooper v. Dallas, 83 Tex. 242, 18 SW 565;... | |
 | Abraham Clark Freeman - 1897
...will not interfere by injunction. As stated by Chief Justice Fuller in Osborne T. Missouri Pac. Ry. Co., 147 US 253: "But where there is no direct taking...Justice Brewer in In re Debs, 158 US 591. In Morris etc. RR Co. v. Pruden, 20 NJ Eq. 530, cited in In re Debs, 158 US 591, it is said: "Mere diminution... | |
 | Abraham Clark Freeman - 1897
...Justice Fuller in Osborne v. Missouri Pac. Ry. Co., 147 US 253: "But where there is no direct talcing of the estate itself, in whole or in part, and the...Justice Brewer in In re Debs, 158 US 591. In Morris etc. EE Co. v. Pruden, 20 NJ Eq. 530, cited in In re Debs, 158 US 591, it is said: "Mere diminution... | |
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But where there is no direct taking of the estate itself, in whole or in part, and the injury complained of is the infliction of damage in respect to the complete enjoyment thereof, a court of equity must be satisfied that the threatened damage is substantial... 
