Minke v. Hopeman

Citations

• 87 Ill. 450

Syllabus

<p>1. Nuisance—when equity will enjoin before a trial at lam. A court of equity may interfere, by injunction, to abate a nuisance, before the fact of the business being a nuisance is established at law, where there is danger of irreparable loss, or material injury being done, before a trial at law can be had, as, where a slaughter house is erected near the dwelling house of another, and the business creates an offensive and unwholesome stench, and is likely to produce sickness or disease.</p> <p>2. Same—acquittal on indictment no bar to equitable relief. The trial and acquittal of one indicted for a nuisance will not deprive a court of equity of jurisdiction to enjoin the carrying on of a slaughter house in such a manner as to become a private nuisance. The fact that the statute gives a remedy by indictment, does not deprive the court of its equitable jurisdiction.</p> <p>3. Same—of the decree. On bill to enjoin a nuisance near a private residence, arising from the manner in which a slaughter house and the business therein was carried on, the decree restrained the defendant from conducting his business in such a manner as to be offensive and injurious to the complainant and his family in the occupation of his premises, leaving the right to carry on the business in a proper manner, and was held to be subject to no just objection.</p>