Weiss v. Jackson County

Citations

• 9 Or. 470

Syllabus

<p>Injunction — Trespass—Puplic Officers — Practice.</p> <p>It is not in ordinary but in peculiar cases, where the mischief sought to be prevented would be irremediable, and for which damages could not compensate, or would reach to the very substance and value of the estate and go to its destruction in the character in which it was enjoyed, that an injunction will be granted to prevent it.</p> <p>Before a court of equity will grant an injunction to restrain a mere trespass, the facts and circumstances alleged must be such from which it may be seen that irreparable injury will be the result of the acts complained of, and the law can afford the party no adequate remedy.</p> <p>Courts of equity have jurisdiction to interpose by injunction, where public officers, under a claim of right, are proceeding illegally to impair the rights or inj ure the property of individuals, or to prevent a multiplicity of suits.</p> <p>Section 871, Oregon civil code, requires all actions, suits or proceedings by or against a county, to be brought in the name of such county.</p>