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" The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented ; Gardner v Village of JSewburgh,... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Σελίδα 150
των Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850
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A Treatise on the Common Law, in Relation to Water Courses: Intended More ...

Joseph Kinnicut Angell - 1824 - 380 σελίδες
...and immediate mischief would arise in the comfort and useful enjoyment of property. The interference rests upon the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which upon just and equitable grounds ought to be prevented....

Reports of Cases Adjudged in the Court of Chancery of New-York ..., Τόμος 2

New York (State). Court of Chancery, William Johnson - 1837 - 548 σελίδες
...material injury, would arise to the comfort and useful enjoyment of property. The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injuriousinterruption of that right, which, upon just and equitable grounds, ought to be prevented....

A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 σελίδες
...in the enjoyment of property. But the interference of a Court of Equity, in these and similar cases, rests upon the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which upon just and equitable grounds should be prevented.2...

Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 11

Florida. Supreme Court - 1887 - 338 σελίδες
...Injunction only granted when great and immediate mischief, material injury to property. Ib., 270, note. Must be a case of strong and imperious necessity, or the right must be previously established at law. Ib., 270, note. When greater benefit result to the public than Injury,...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 5

Asa Kinne - 1852 - 392 σελίδες
...rule to which there are exceptions. The interference, in the present case, as in cases of nuisance, rests upon the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented....

Reports of Cases in Equity Argued and Determined in the Supreme ..., Τόμος 8

James Iredell - 1852 - 396 σελίδες
...material injury would arise to the comfort and useful enjoyment of property. The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented...

A Compendium of the Law and Practice of Injunctions: And of ..., Τόμος 2

Robert Henley Eden Baron Henley - 1852 - 770 σελίδες
...material injury would arise to the comfort and useful enjoyment of property. The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which upon just and equitable grounds, ought to be prevented....

Reports of the Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, William Gordon Swan - 1854 - 756 σελίδες
...Gamer vs. Village of Newburgb, 2 JCR, 161. In the last case, Mr. Kent says, the inference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which, upon just and equitable grounds, ought to be prevented....

The Law of Injunctions

Francis Hilliard - 1865 - 666 σελίδες
...that the process of injunction should be applied with the utmost caution. The interference rests on the principle of a clear and certain right to the enjoyment of the subject in question, and an injurious interruption of that right, which on just and equitable grounds ought to be prevented.'1...

Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - 1869 - 714 σελίδες
...exercises its extraordinary power to protect it. Chancery interference, in the first instance, rests on the principle of a clear and certain right to the enjoyment of the matter or thing in question, and an injurious interruption of that right, which on just and equitable...




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