Staples v. Rossi

Citations

• 7 Idaho 618
• 65 P. 67
• 1901 Ida. LEXIS 23

Syllabus

<p>Constitutional Law — Actions at Law and in Equity — By section 1, article 5, of the constitution of Idaho, the distinction between actions at law and equitable actions has been largely, if not wholly, abrogated.</p> <p>Injunction — Statutory -Remedy. — Under section 4288 of the Revised Statutes, a temporary injunction is authorized to restrain a trespasser from removing timber which he has cut upon land claimed by the plaintiff, pending suit to establish plaintiff’s title.</p> <p>Same. — The ancient rules of chancery relating to the remedy of injunction have been greatly modified by statutes, as well as by the trend of modern decisions.</p> <p>•Same. — Injunction will issue to restrain, temporarily, an act which will result in great damage to the plaintiff, although the injury is nob irreparable, and notwithstanding that other remedies lie in behalf of plaintiff.</p> <p>(Syllabus by the court.)</p>