Sundquist v. Halloran

Citations

• 5 Alaska 594

Syllabus

<p>1. Mines and Minerals <&wkey;124—Tailings and Debris—Injunction.</p> <p>The general equity doctrines govern injunctions with reference to mining claims. The granting or withholding of an injunction resting in the sound discretion of the court, the complainant’s laches, the solvency or insolvency of the parties, and the relative inconvenience to the parties, which will ensue if a temporary injunction issues, must be considered. There is nothing peculiar in the application of the general equitable principles to mining claims, beyond the frequent urgent need of injunctive relief, because of the destructible nature of mineral deposits.</p> <p>2. Mines and Minerals <&wkey;12-i—Tailings and Debris—Injunction—Laches.</p> <p>Where one who claims to own a mining claim stands by for a period of years, and permits another on an adjoining claim to so conduct his workings as to cause slight damage by flooding the surface with tailings, and makes no objection till the other is in position where injunctive . relief asked for would be of comparatively greater injury to the other than the injury complained of by the plaintiff, the court will not grant a temporary injunction, but will allow the condition to remain until the case can be disposed of on its merits.</p> <p>3. Mines and Minerals <&wkey;124—Tailings and Débris—Injunction.</p> <p>Where defendants’ placer mine workings deposit large quantities of tailings and gravel on the plaintiff’s property, and threaten to do so continuously, injunction will issue to prevent the continuance of the injury.</p> <p>4. Injunction <&wkey;48—Continuing Trespasses.</p> <p>The jurisdiction to restrain continuous or repeated trespasses rests on the ground of avoiding a repetition of similar actions— a multiplicity of suits. If a defendant manifests a purpose to persist in his unlawful acts, the vexation, expense and trouble of prosecuting the actions at law make the legal remedy inadequate, and justify a plaintiff in coming into equity for an