Colorado Eastern R. v. Chicago, B. & Q. Ry. Co.

Citations

• 141 F. 898
• 73 C.C.A. 132
• 1905 U.S. App. LEXIS 4056

Syllabus

<p>1. Injunction—Temporary Injunction—Effect—Showing Required.</p> <p>The granting of a temporary injunction does not determine the rights of the parties. The court need be satisfied no further than of a probable right and a probable danger, and that such right may be defeated without the interposition of a restraining order, and that the granting of such order will probably be attended with less injury to the respondent than to the complainant.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Injunction, '§§ 302-309.]</p> <p>2. Courts—United States Courts—Jurisdiction—Restraining Condemnation Proceedings.</p> <p>Section 720, Rev. St. U. S. [U.‘S. Comp. St. 1901, p. 581], declaring that the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, has no application to the instance of a nonresident owner of land entered upon by the defendant in condemnation proceedings instituted in the state court, to which such nonresident owner is not made a party, and does not prevent him from applying to the United States Circuit Court for an injunction to restrain the trespass upon his land.</p> <p>3. Eminent Domain—Remedies of Owner—Injunction.</p> <p>The provision of the state statute of Colorado (3 Mills’ Ann. St. Rev. Supp. § 1716) authorizing the plaintiff in condemnation proceedings to proceed against the apparent owner of the land of record, and, after paying into court the prima facie damage to the land, to enter and begin the construction of a railroad thereon, does not preclude the real owner from enjoining the further entry and use of his land, especially where the petitioner for condemnation, before entry, has notice of the claim of title to the premises by such third party.</p> <p>4. Same—Right to Become Party.</p> <p>Section 1726, Mills’ Ann. St. Colo., providing that any person not made a party to such proceeding may become such by filing a cross-petition at any time before hearing, settin