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5 Cal. 119

Waldron v. Marsh

California Supreme Court

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

<p>Appeal from the District Court of the Tenth Judicial District, Nevada County.</p> <p>The facts appear in the opinion of the Court.</p>

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Decided 1855-07-01

How this case has been cited

Cited by 11 later decisions — most recently April 1925

11 state decisions

3018551860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heydenfeldt, J., delivered the opinion of the Court.

¶1Murray, C. J., concurred.

¶2An injunction ought not to be granted in aid of an action of trespass, unless it appear that the injury will be irreparable, and cannot be compensated in damages.

¶3*120In this ease, how the cutting of a ditch through the plaintiff’s land would be such an injury I cannot imagine. It is not sufficient that the affidavit alleges that the injury would be irreparable—it must be shown to the Court how and why it would be so, otherwise the extraordinary remedy of injunction will not be allowed, especially where no action has ever determined the plaintiff's rights.

¶4The injunction in this case ought not to have been granted, and the order dissolving it is affirmed.

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