98 Mich. 141 | Mich. | 1893
. The-relator filed its bill-of complaint against the Detroit Suburban Railway Company and the Detroit Citizens* Street Railway Company, praying an injunction to restrain the defendants from laying a street-railway track along the line of complainant's roadbed. The bill alleges that such a construction by the defendants will interfere with its franchise, and will work irreparable injury. The defendants answered,- and set up that an agreement was made by complainant on the 29th of October, 1885, granting to defendants* predecessor the privilege of building a street railwaj1- for a distance of three miles. The privilege was, by the terms of the contract, to be exercised .within five years fr.om .that-.d.ate. A portion was
This Court does not sit for the purpose of granting-injunctions, except it be on final hearing, when we are vested with jurisdiction on appeal. Aside from the power which we exercise in such cases, we can only interpose, if at all, in case of a plain and gross abuse of discretion. Nor is it an abuse of discretion if the circuit judge should reach a different conclusion than we might, if authorized to sit in his place. The granting of a preliminary writ of injunction is a discretionary power vested in the courts of original jurisdiction. 1 .High,.;I-nj.:-§-§ ll,.,15.....íSwcN'a writ is not a matter of right, particularly in cases in which the parties may be fully protected by a final decree, or by a suit at law. This Court has in some cases interfered to compel the vacation of writs of injunction when they have operated to affect injuriously vested rights, and when the emergency was such as to require a speedy remedy, and when none but a speedy remedy appeared adequate. Port Huron & Gratiot Ry. Co. v. Circuit Judge, 31 Mich. 456; Tawas & Bay Co. R. R. Co. v. Circuit Judge, 44 Id. 479; City of Detroit v. Circuit Judge, 79 Id. 384. In each of these cases, however, the. issuing of the injunction was held to be beyond the power of the circuit judge in the
The writ will be denied.