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3 Shan. Cas. 688

Bright v. Murphy

Tennessee Supreme Court

Decided September 15, 1875

Tennessee Supreme Court · decided 1875-09-15

<p>INJUNCTION. Not granted against merei expected repetitions of trespass, wlien.</p> <p>Upon, a charge that defendant has committed two distinct acts of trespass in throwing down complainant’s fence on each of two successive days, which complainant believes will be repeated, a court of chancery will not enjoin such further feared acts of trespass. -To invoke the injunctive powers of the chancery court in suck case, there must be alleg-a-tions of threats to do some irreparable injury, or of insolvency of defendant, or such allegations as would warrant interference to prevent multiplicity of suits.</p>

Decided 1875-09-15

Deaderick, J.,

¶1delivered the opinion of the court:

¶2The bill charges defendants with two distinct acts of trespass, in throwing down complainant’s fence, on the 10th and 11th March, 18Y4, and prays for an injunction t0' restrain further acts of trespass, which it is alleged complainant believes will be repeated.

¶3The detféndants demur, because complainant has his remedy at law, and for want of jurisdiction, etc.

¶4For the acts of trespass committed complainant has his remedy at law, and none in equity. ÜSTor can a conrt of equity, upon the allegation that defendant, as complainant believes, will repeat the act, without allegation of threats to do some irreparable injury, for which he could not have adequate compensation at la,w, and without allegation of insolvency of defendants or such allegations as would war*689rant interference by equity to prevent multiplicity of suits, take jurisdiction to prevent the perpetration of a trespass, in throwing down a fence.

¶5The chancellor dismissed the bill, and we affirm his decree.

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