23 Ind. 122 | Ind. | 1864
This action was brought by the appellee to set aside a sale and conveyance of land, and for an injunction. An interlocutory order of injunction was obtained, from which the appellants appeal to this court.
But we do not consider the facts averred sufficient to authorize the court to grant an injunction. The injury, resulting from the loss of possession of the premises, hás its adequate legal compensation in a judgment for the rental value thereof. • No insolvency having been averred, the allegation that The cutting of timber “will materially diminish the value of said land,” certainly 'furnishes no ground for the interposition of the court by the exercise of its preventive power. Our statute only authorizes the court to -issue this writ, to restrain some act, the commission of which “ would produce great injury to the plaintiff.” The well-established rule of equity has been, that the writ would only issue to prevent “irreparable injury.” The statute must not be construed as having utterly abolished this rule, and transformed a, reluctant writ, called into use only in moments of extreme danger, into a volunteer whose ready power may be invoked upon an apprehension of injury for which a rule
The injunction is dissolved, and cause remanded.