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15 Cal. 204

More v. Ord

California Supreme Court

Decided July 1, 1860

California Supreme Court · decided 1860-07-01

In 1856, suit was brought in the Second District Court, by Jones, against Alpheus B. Thompson, for a partition of certain horses, cattle and sheep, on the island of Santa Rosa, belonging to the parties as partners.

Cited by 2 later decisions — most recently January 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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Baldwin, J. delivered the opinion of the Court

¶1Cope, J. concurring.

¶2There is no pretense for the injunction granted in this case. If the defendant is about to commit a trespass, chancery has no power to restrain him, unless the injury be irreparable, which could only he upon a clear showing of the plaintiff’s right, and the defendant’s insolvency, neither of which distinctly appear.

¶3The judgment is reversed, and the bill dismissed with the costs of this Court and the Court below. But that the land of the plaintiff may afford relief for this vexatious proceeding, we should regret our inability to impose such damages for the obstruction to the enforcement of the judgment of this Court, as would effectually prevent its recurrence.

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