14 S.D. 24 | S.D. | 1900
This is an appeal from an order vacating and dissolving an injunction order made on the 8th day of May, 1899. A demurrer was interposed to the complaint, and the motion to vacate and dissolve the injunction and the demurrer were argued together, but no order sustaining or overruling the demurrer seems to have been entered. We think we may assume that the - demurrer was in effect sustained, as, in the argument on this appeal, counsel for the respondents take the position that the complaint did not state facts sufficient to constitute a cause of action, and from the fact that the motion to vacate and dissolve the injunction was granted. The allegations of the complaint may be briefly stated as follows: That the plaintiff was the owner of a certain tract of land in the city of Sturgis, containing about 23 acres, and known as “Beatty’s Park;” that on the 1st of June, 1896, the plaintiff entered into articles of agreement with the Black Hills Exposition Company of Sturgis, S. D., a corporation duly organized and existing under the laws of this state, by which he leased and let said premises to said company for a certain period of each year for the period of 10 years, which more fully appears by the terms of said lease or articles of agreement containing the said covenants, attached to and made a part of the complaint; “ that under the terms of said articles of agreement the said Black Plills Exposition Company erected upon said land certain buildings, consisting of one row of open frame stock sheds,
The first question presented, and the only one we shall discuss, is does the complaint state facts sufficient to entitle the plaintiff to an injunction? It is contended on the part of the respondents that the complaint contains no equity, for the reason that it states no facts showing that plaintiff has not a plain, speedy, and adequate remedy
The general ru-le is that courts of equity will not interfere to restrain by injunction trespassers upon real property, except in special cases, where a party has no adequate remedy at law, and the threatened injury will be irremediable. The code of civil procedure of this state embodies substantially the rule of courts of equity in injunction proceedings in section 4649, Comp. Taws, which reads as follows: “Except where otherwise provided by this title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: (1) Where pecuniary compensation would not afford adequate relief; (2) where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief; (3) where the restraint is necessary to prevent a multiplicity of judicial proceedings; or (4) where the obligation arises from a trust.” Mr. High, in his work on injunctions, says: In such cases the courts apply the familiar rule denying preventive relief by in junction when a sufficient remedy exists at law, and, if no sufficient reason is shown for not resorting to the remedy at law, the person aggrievedwill be remitted to that remedy.” High, Inj. § 120. In Le Roy v. Wright, 4 Sawy. 530, Fed Cas. No. 8,273, Mr. Justice Field, in discussing this question says: “ The trespass threatened must be one going