Leach v. Day

Citations

• 27 Cal. 643

Syllabus

<p>Injunction to restrain Trespasses.—An injunction will not be granted to restrain the commission of trespasses where the party complaining has a complete and adequate remedy at law.</p> <p>Complaint to enjoin Tr ispasr7'' .—Where a complaint, in an action to restrain the commission of trespasses, avers that the defendant has torn down the fences of plaintiff, and entered his close for the purpose of opening a private road across plaintiff's land, under a claim of right founded on an order of a Board of Supervisors laying out a road, and does not state that the right has been settled in an action at law, and that the defendant continues his acts after a Court of law has decided against him, it does not state facts sufficient to constitute a cause of action.</p> <p>An Order laying out a R^ad.—An order of a Board of Supervisors laying out a road, which is unconstitutional and null and void upon its face, does not affect or cloud the title to the land over which it passes, and an injunction will not he granted to restrain the carrying of the order into effect, but the party will be 1®IC to his remedy at law.</p>