Hicks v. Compton

Citations

• 18 Cal. 206

Syllabus

<p>The granting and continuing of injunctions in cases of alleged trespasses on land claimed by plaintiff, where the injury is likely to be irreparable, are to some extent matters of discretion, and this discretion should always be exercised in favor of the party most liable to be injured.</p> <p>In this case, it was held that the temporary injunction granted on filing the complaint should not have been dissolved.before the hearing; that on the facts stated in the complaint an action for damages would be fruitless; that although the complaint does not aver absolute insolvency of defendants, still enough is averred to satisfy the Court that a judgment for damages would be worthless, and hence the injunction ought to have been continued.</p> <p>An allegation in the complaint that plaintiff was in possession of the land as owner when defendant entered, is a sufficient statement of title in suit for injunction to restrain trespass'.</p>