(Download) "Grosfield v. Johnson" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Grosfield v. Johnson
- Author : Supreme Court of Montana
- Release Date : January 02, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Injunction ? Boundaries ? Mandatory Injunction ? When Proper ? Equity ? Extent of Jurisdiction ? Findings ? When Conclusive on Appeal ? View of Premises by Court ? Effect of View on Findings. Equity ? Findings ? When Conclusive on Appeal. 1. The findings of fact made by the district court in an equity case will not be disturbed on appeal unless there is a decided preponderance of the evidence against them, nor when the evidence discloses reasonable grounds for different conclusions. Injunction ? Boundaries ? View of Premises by Trial Judge ? When Findings not to be Disturbed on Appeal. 2. The rule that where the jury views premises for a better understanding of the testimony of witnesses, its determination of the fact in issue will not be interfered with on appeal if there is some evidence to support it, applies to the trial judge where in an injunction proceeding arising out of a boundary controversy he viewed the situation on the lands in dispute. Same ? Mandatory Injunction ? When Proper. 3. Though section 9240, Revised Codes 1921, defining an injunction, makes no provision for an order commanding affirmative action, a mandatory injunction may be issued in a proper case, such as involves nuisances, or continuing trespasses of an irreparable nature, or even where the act causing the injury has been completed before suit brought, for the purpose of putting complainant in status quo. Same ? Boundaries ? Injunction Ordering Removal and Replacing Line Fence ? Propriety of Action of Court. 4. Under the last above rule, held, that where defendant, sought to be enjoined from removing an old fence and erecting a new one on a dividing line claimed by him to be the proper one, contended that having completed the new fence before injunction proceeding was brought (the court finding, however, that the fence was not then entirely completed), the writ did not lie, the court had jurisdiction to order removal of part of the fence and replacement of it on the true line found by the court. Same ? Equity ? Extent to Which Mandatory Injunction may Go. 5. While it is only in rare instances that a court of equity will decree the mandatory form of injunction for any other purpose than to restore and maintain a condition which has been wrongfully changed it will relax the rule in order to attain the ends of justice. - Page 413 Equity ? After Acquisition of Jurisdiction, Court may Decide All Questions, Whether Legal or Equitable. 6. After a court of equity had obtained jurisdiction of a cause on application for an injunction in a controversy over the location of a line fence, it could properly decide all issues, whether legal or equitable, and, though the legal remedies provided by the fence laws were adequate to adjust a portion of the dispute, dispose of the entire matter, thus saving the parties further trouble and expense.