Waldron v. Marsh
California Supreme Court
Waldron v. Marsh, 5 Cal. 119 (Cal. 1855)
Heydenfeldt
Waldron v. Marsh
Opinion of the Court
Murray, C. J., concurred.
An 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.
The injunction in this case ought not to have been granted, and the order dissolving it is affirmed.
Reference
- Full Case Name
- WILLIAM WALDRON and ISRAEL JOINER v. CHARLES MARSH, and others
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- An injunction will not be granted in aid of an action of trespass, unless it appear that the injury will be irreparable, and cannot be compensated in damages. It is not sufficient that the affidavit should allege that the injury will be irreparable, ii 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 right.