Bierer v. Hurst
Bierer v. Hurst
Opinion of the Court
Notwithstanding the able' and ingenious argument of the learned counsel for the appellants, we are not convinced that there was any error in the findings of the master or in the decree of the court below. The master found, and the plaintiffs admit, that the bill seeks a remedy by injunction for the very same injury for which a recovery in damages was sought in the
Decree affirmed and appeal dismissed at the cost of the appellants.
Reference
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- Syllabus
- Equity — Res adjudicata — Injunction—Trespass. A bill in equity cannot be sustained to enforce a remedy by injunction for the same injury for which arecovery in damages was sought in a common law action in trespass previously brought by plaintiff against defendant. On a bill in equity to restrain an interference with the natural flow of water, it appeared that plaintiff had previously brought an action of trespass against defendant for damages for injury caused by the overflow of the.same waters upon plaintiff's lands. The case was fully tried to the end, and a verdict and judgment rendered against plaintiff. The master in the equity suit found from the evidence before him that the plaintiff was not entitled to the relief sought. The finding of the master was confirmed by the court below. Held, that the decree of the lower court should be affirmed.