Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-07-29
JUDGE NlOCKSLAGER's DECISION

w sue WO'vOU ~ uoAtOJve the 1tmp0s
rary order Rts,raining the PAym~u
Of Crr,aiu County Warrants.
The decision Of Judge Stockslaeer :,
Of the Fourth Judicial District Court,
on the motion made III the alleged
illegal warrant case, by the .. II.
constituted counsel for the def+ ndants,
to dissolve the order temporarily
restraining the County Treasurer from
paying the warrants alleged to b.
illegal. was fn last Monday, a.
stat d in the TINES Of TIA, date.
Our available space being then
devoted to the series Of .'ticl. on thu
grssshopper plague, it was found
impossible 10 publish the decision be-
fo'e; but It is now given in full, as
follows:
T. +. Picotse. Plaintiff.
| W. H. Watt. County Treasurer Of Alturss
| county. ct al, Defendants.
The plaintiff for himself and Other
taxpayers Of .ald Al,u,.s county ask.
the Court to restrain the defendant.
Wait. as treasurer siur. said, from
paying ceftai" alleged illegal county
warrants allowed by def. ndamt>,
Florence, Weber and Aiken, as tho
Board IT County Commission. - Il
said county. and issued hy defendant,
i"W. Garrett, rs the County Aud, or
and Cl-rk Vi the Board Ut County
Commissi. ncrs.
The Complaint alleges in general
terms the Inability Vi Al,uras county
to pay any IT the warrant. complained
OF before two years from TIM. of filing
said complaint, hut AYERS thu, v at,
A. TREASURER, threatens t. pay said
warrants VIII never he has money IN
his hands Ms Treasurer.
The defendants ask that the re.
etraininx order heretofore issued
herein tie di.s,lv-d, and to i. nv the
plaintiff an, order in this court. and
ali. g. that t . mo'"n is made ON the
pap IS on file N this court.
They also file = d. murrrr to the
complaint, alleging all the grounds OF
thu 5 atu'e therefor.
Courts are warned by all the au.
th"rs to be extremely careful in grant
ing aid by mjunc,i"n, and the
Supreme Court reports OF all the
States are full Of decisions bearing
ont the principle that CO arts Of eouit.
will not interfere when any other
'emedy exits, and unless it is made
to appear TO the satisfaction OF the
Court that no other remedy Exists,
and that the INN. date necessity tor
the relief prayed for exists.
Vol. J., 81 edition OF High on In.
ju' c'i "s." sec. 10. saws:
"lnterlocutorv i,junctions being
often sough. for the purpose Of
hnr~>s'ng aud arho.inu defendants.
the utmost car" Should b- uhser.. d
IL the exercise Of the jurs fiction, a. d
the relief should only tie allowed up
on clear n. cessity bring sh,wn OF
stfori'nR immediate protection to
some right or interest of the patty
which Otherwise would
bt s.r'ons!! injured or impaired.
Sec. -, same author and same
volume, sa.s:
Aud it is incumbent upon the
party seeking lief BY interlocu,ory
nj ~" ito" to show some clear legal
or equitable rights. and we'll
grounded apprehension Of IMMEDIATE
injury to their rights. So il is r.ou,.
site that comk laina, 81, king the aid
Of court o, equity hv i Junction.
shall not have been guilty Of laches or
d. Ia. in the assertion If his rights, Tor
while DELAY may not amount TO pro. {
1T scqu'eseenc- III the wrong for
which he seeks redress, il NAV ,e,
suffice to rrvent his obtaining relief
BY injunction"
1t IS hardly necessary TO saw Tint
t'e author xhov. ref. rr-d tn i. in the
lead OF .ll others in qu .tions Of
'.q"ry. Scarreiv Supreme our,
decision in nny Of the States or Terri.
tories Of the United States can be
found wherein 'quty is involved tina,
he is , OF REFER, d to.
We do not deem it necessary to
pass on ATTY Question in this case tx
cept'ng the motion OF the defendant
TO dissolve the temp orary restraining
order her. tnfore is.u. i IN this case.
and tho only question presented by
the motion j.:
"Does the rlsintiG. by lis pleading
or complaint, brig himself within the
law for tn. l. reference of the cou.t
nv injnn,t' M"
We thuk rot, as the rights Of the f..
parties ther.t" can he determined |
lorg before it is shown ty the Gem.
p'snt that the p'ain,iff or parties rep |
resented nv him can suffer hy thu
alleged unlawful acts OF the defend.
ants.
TIE motion To dissolva tho -.