277 F. 1 | 9th Cir. | 1921
(after stating the facts as above).
We find no principle of equity upon which it can be held that an injunction should issue upon such a showing of facts. It is not a suit to remove a cloud upon the title of the appellant, as was the case in Thompson v. Emmett Irrigation District, 227 Fed. 560, 142 C. C. A. 192. The appellant’s title to its bonds is in no way assailed. The facts alleged are not sufficient to bring the case within the equitable jurisdiction to -enjoin vexatious litigation. The rights of the appellees herein have not .been adjudicated in prior proceedings to which they were parties, nor are they pursuing a course which will necessarily result in a multiplicity of suits. Nor has equity jurisdiction on the ground that the acts and assertions of the appellees constitute slander of property. Kidd v. Horry, 28 Fed. 773; American Malting Co. v. Keitel, 209 Fed. 351, 126 C. C. A. 277; Citizens’ Light, H. & P. Co.; v. Montgomery, Light & W. P. Co. (C. C.) 171 Fed. 553; Singer Co. v. Domestic Co., 49 Ga. 70, 15 Am. Rep. 674; Boston Diatite Co. v. Florence Manufacturing Co., 114 Mass. 69, 19 Am. Rep. 310; Covell v. Chadwick, 153 Mass. 263, 26 N. E. 856, 25 Am. St. Rep. 625; Consumers’ Gas Co. v. K. C. Gaslight, etc., Co., 100 Mo. 501, 13 S. W. 874, 18 Am. St. Rep. 563; Marlin Firearms v. Shields, 171 N. Y. 384, 64 N. E. 163, 59 L. R. A. 310.
Decisions of the Supreme Court sustain the proposition that, in the absence of an adequate remedy at law, equity will restrain one who maliciously interferes with a contract between two parties and induces one of them to break it, and that it is not necessary that actual malice, in the sense of personal ill will, shall exist, but that it is sufficient if there be a wanton disregard of the complainant’s rights. Angle v. Chicago, St. P., etc., Ry., 151 U. S. 1, 14 Sup. Ct. 240, 38 L. Ed. 55; Bitterman v. Louisville & Nashville R. R., 207 U. S. 205, 28 Sup. Ct. 91, 52 L. Ed. 171, 12 Ann. Cas. 693; Dr. Miles Medical Co. v. Park & Sons Co., 220 U. S. 373, 31 Sup. Ct. 376, 55 L. Ed. 502. No case is
The decree is affirmed.