The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-05

satisfaction in the ordinary course of law. 1t must
be strong of trespass going to the destructi
of the inheritance or the mischief is remedess TO
cntic the party to the interference by Injunction
''After a careful examination OF the evidence
tanned in the record, we think it does not show with
sufficient certainty to what extent the erection of
the new wall, if carried up designed, would in
terfere with the caves or whether such interference
would infct upon the rights of the complainant an
important and irreparable injury, such injury
as could not be FULLY compensated by an action at
law but required the interposition of a court of
equity to give full and adequate relief
The injunction was dissolved on the 23d of
-, 1854. The appeal taken the 28th Of
December following, and sent to the Court of APP
peals the 9th of April, 1855, appeal bond being
given. 1t is conceded on both Sides that after the
dissolution of the injunction the defendants compile
ted their wall. The precise nature and degree of
injury sustained by the complainant in consequence
of the erection OF the wall, may now be fully ascer-
tained and the circumstances disclosed by the proof
do not in our opinion, show clear case urgently
demanding reversal of the decision below for the
purpose of restoring the injunction. But con-
slider it more appropriately case in which the
complainant should be left to seek redress in court
of law.
"The Attorney General u.s. NichOl, l6 YES $685. was
case In which the object was to restrain the
ton OF wall above sixteen feet in height the cree
ton of which would obscure and darken the ancient
lights OF the Scottish Hospital. Lord Eldon held
there might be cases Of that class in which Court
OF Equity could not interfere, and yet an action on
the case might be maintained. He based the autho-
rlty to relieve by injunction upon the ground of
teflal INJURY, and of that special and troublesome
mischief requiring the application of power to pre-
vent as well as remedy an evil for which damages,
more or less, would be given in an action of law
! Speaking in reference to this view of Lord Eldon
Chancellor Kent says in Van BERGEN u.s. Van Bergen
Johns On. Rep. 2S7: Il have had occasion fire.
quently since have been sitting in this Court to
allow TINS very doctrine and to consider it sound
And In Lord Eldon's decision we find him saying: q
repeat the observation of Lord Hard,ricke that
| diminution of the value of the premises is not 9
ground, and there is as little doubt that this Court
will not interpose upon every degree of darkening
ancient lights and windows See also Crabb's Lai
Of Real Property, AIS, 476, AL ATS, in "a La,
Lib;;..2 Waterman's Eden on hjunctions, 269, 27O
Ftshmonger's Companyvs. East India Company,
Dickens Rep. 1913, 164; Ray u.s. LINES 10 AID IS
Hamilton u.s. Ely, GiH 81.
ln the case of Society for the Establishment Of Nan
Ydctures Us. Morris Canal Company-Sartoa's Oh
Rep. 1872, the Chancellor of New Jersey saws: 'Th,
power OF the Court to grant injunctions in cases {
nuisance Will not be questioned. But the exercise
OF the power must always rest in the sound discre
| ton OF the Court to be governed by the nature o
the case. The presented is peculiar but i
does not satisfy me of that pressing necessity or tina
certainty OF mischief which would authorize an in
| reference IN a matter of such magnitude
In Adants Equity 4S7, in az note the pripcipl
stated is that to authorize the Courts interpostio
by injunction there should appear imminent DANCE
OF great and irreparable damage, and not of tina
tor which an action at law would furnish full in
demnlty In support of which doctrine numerou
American authorities are cited
| viewing the evidence as it is before us, in con
nection with well established principles in regard Il
| injunctions, we think the order dissolvng the in
junction in this case should be affirmed and the de
cision having been made on a motion to dissoly
and not upon final hearing, the cause will be re
manded."
Order reversed and cause reminded