California Supreme Court, 1853

Middleton v. Franklin

California Supreme Court · Decided July 15, 1853

3 Cal. 238

Cases that cite this one

4 later published cases cite this decision.

People v. ConAgra Grocery Products Co. (Cal. Ct. App. 2017)
People v. Conagra Grocery Prods. Co. (Cal. Ct. App. 2017)
Bigelow v. City of Los Angeles (Cal. 1890)
West v. Smith (Cal. 1877)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*241It is well settled that to entitle a party to an injunction in a case of. nuisance, the injury to be sustained must be such as cannot be adequately compensated by damages, or it must be irremediable, or lead to irremediable mischief.

Such is not the case presented by the allegations of the complainant’s bill. It does not show a sufficient probability of mischief to require the restraining power of the court, or at least until the question of nuisance or not is determined by a jury, and even then the remedy at common law is ample.

Let the injunction be dissolved, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.