 | Robert Henley Eden Baron Henley - Injunctions - 1821 - 514 pages
...upon the case might be maintained. The foundation of the jurisdiction is that sort of material injutfy to the comfort of the existence of those who dwell in the neighbouring house, which requires, upon equitable principles, the application of a power to prevent, as well as remedy,... | |
 | Great Britain. Court of Chancery - Equity - 1827 - 688 pages
...(48) Ante, Vol. V, 129. it (49) Ante, Vol. XVI, 338, it is thus defined, " that the head of mischief, that sort " of material injury to the comfort of the existence of CROWDER ** those, who dwell in the neighbouring house, requiring p. •* the application of a power... | |
 | Great Britain. Court of Chancery, Nicholas Simons - Equity - 1834 - 694 pages
...this Jurisdiction, interfering by Injunction, is that head of mischief alluded to by Lord Hardwicke; that sort of material injury to the comfort of the...prevent, as well as remedy, an evil for which Damages, more or less, would be given in an Action at Law (e)." So that, first of all, we have to consider whether,... | |
 | Thomas Edlyne Tomlins - Law - 1835 - 862 pages
...is such material injury to the comfort of those who dwell in the neighbouring house, as to require model the succession to the crown ; as was done in the reign of Henry VIII. and Wil more or less, would be given at law ; but the court will not interfere upon every degree of darkening... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...Eldon, *4ЛО " in interfering by injunction, is that head of mischief alluded to by Lord Hardwicke, that sort of material injury to the comfort of the existence of those who dwell in the neighboring house, requiring the application of a power to prevent, as well as remedy, an evil, for... | |
 | Law - 1858 - 524 pages
...nuisance against which this court will grant an injunction must be a material injury to property, or to the comfort of the existence of those who dwell in the neighbourhood. The defendant ha vi ng taken lands adjoining the residence, lake, and grounds of the... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1845 - 412 pages
...jurisdiction, interfering by injunction, is that head of mischief, alluded to by Lord Hardwicke (l),that sort of material injury to the comfort of the existence of those who dwell in the neighboring house, requiring the application of a power to prevent, as well as remedy, an evil, for... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...taineil. that would be sufficient ground to interpose by injunction^The foundation of the jurisdiction, is that sort of material injury to the comfort of the existence of those who dwell in the neighboring, house, which requires upon equitable principles the application of a power to prevent,... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1887 - 338 pages
...to say that the noise and smoke proceeding from a steam mill are as clearly injurious to health, and to the comfort of the existence of those who dwell in the neighboring house, as the business of exercising an unwholesome trade It may and doubtless will be... | |
 | Charles James Gale - Servitudes - 1849 - 552 pages
...grant- " J •, ing or refusing head of mischief alluded to by Lord Hardwiche — that [ 430 ] sor'; of material injury to the comfort of the existence...prevent, as well as remedy, an evil, for which damages, more or less, would be given in an action at law. The question is, whether the effect (of the building)... | |
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the foundation of this jurisdiction, that is, interfering by injunction, is that head of mischief alluded to by Lord Hardwicke, that sort of material injury to the comfort of the existence of those who dwell in the neighbouring house, requiring the application... 
