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Idaho Supreme Court· 12/31/1904

Shields v. Johnson

Citations

  • 10 Idaho 454
  • 79 P. 394
  • 1904 Ida. LEXIS 55

Syllabus

<p>Injunctions Pendente Lite — To Restrain Trespass — Largely Discretionary.</p> <p>1. A large discretion is vested in the trial court in the granting of temporary injunctions to hold property in statu quo pending the determination of the action, and its exercise will not be reversed on appeal unless a clear abuse is shown.</p> <p>2. Courts of equity should hesitate before granting injunctions to restrain trespass committed under color of title or' right.</p> <p>3. The statute (Rev. Stats., sec. 4288) authorizing the issuance of injunctions is liberally construed by the courts.</p> <p>(Syllabus by the court.)</p>

Judges: Ailshie, Stockslager, Sullivan

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