Crawford v. Longuemare

Citations

• 25 N.M. 267
• 181 P. 283

Syllabus

<p>SYDLABUS BY THE COURT.</p> <p>1. Where a preliminary or temporary injunction has been granted ex parte upon a verified petition, it should be dissolved upon the filing of a verified answer by the respondents, which fully and fairly meets all the equities in the petition.</p> <p>P. 270</p> <p>2. The validity of the title and possession alleged by the respondents to be in them should be judicially determined at law, before its assertion, or the assertion of rights under it, should be enjoined. , P. 270</p> <p>3. In cases of trespasses, where it is necessary to quiet a rightful admitted or established possession, equity may interpose to prevent a multiplicity of suits, although there may be a remedy at law;; but equity will not grant an injunction against one person merely because he is guilty of repeated trespasses, where the legal remedy affords an adequate and complete redress in damages. P. 272</p> <p>4. To justify the interference of a court of equity in cases of trespass, in order to avoid a multiplicity of suits, there must be several persons controverting the same right, and each standing upon his own claim. P. 272</p>