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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 346   View pdf image (33K)
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346 HIGH COURT OF CHANCERY.
hauled loads over said land, except as aforesaid, or entered
upon or penetrated said land or removed any barriers thereon
placed except as aforesaid. They deny that complainant has
sustained any injury, in fact, from the acts of defendants, but
admit lie has brought suit against them, as stated in the bill.
A motion to dissolve the injunction was then made, and tes-
timony taken under a commission issued by agreement of parties,
to bo read at the hearing of this motion. The purport of this
testimony sufficiently appears from the following opinion of the
Chancellor.]
THE CHANCELLOR :
The allegations of this bill, which stated a case of irreparable
mischief, are so far denied by the answer that the injunction
must be dissolved unless the proof shows that the trespasses
complained of are such that adequate compensation at law
could not be given, for it is now settled definitively that the
Court of Chancery in this state will not interfere by injunction
where the injury is not irreparable and destructive to the plain-
tiff's estate, but is susceptible of perfect pecuniary compensa-
tion, and for which the party may obtain adequate satisfaction
in the ordinary course of law. Amelung et al, vs. Seekamp,
9 G. & J., 468. The proof in this case does not show such
irreparable mischief, and therefore, the injunction must be dis-
solved.
J. J. SPEED, for Complainant.
T. P. SCOTT, for Defendant.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 346   View pdf image (33K)
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