Anonymous (1750) 1 Ves Sen 476
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1750 |
| Date | 15 June 1750 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 1152
HIGH COURT OF CHANCERY
[476] anonymous, June 15, 1750. Injunction before answer to restrain other ferry-boats, denied. Granted to stay waste. Or where the right appears of record. Motion on the part of the plaintiff's lessees of the Dean and Chapter of Durham, for-an injunction to restrain defendants, certain fishermen, from using ferry-boats on the Tyne. (This motion is entered in the minute-book, as on the part of the " Dean of Durham.") Lord Chancellor. This was moved before; and denied, because the plaintiffs had not shewn, that they had kept up sufficient ferry-boats. I had other doubts on that motion (2 Ves. sen. 414, 453). It is not of course to come into this court on infringement of a franchise to have an injunction upon filing the bill before answer. The general rule is after the answer : in bills for an injunction to stay waste, the court will grant it before answer, on filing the bill (2 Brown, 65, 88. A general affidavit, the plaintiff was entitled to the fee-simple, is not sufficient to obtain an injunction, a particular title must be set out. 1 Brown, 57), and shewing that waste may be committed ; because there cannot be a compensation, and it may be an irreparable mischief. To be sure there may be some cases, as in a matter of account of damages, where the court does it; that is, where the right of the plaintiff appears on record. In cases therefore of a new invention by letters patent, a bill may be filed for infringing that right; and before answer (the right appearing by matter of record) on filing the bill and affidavit it may be granted. So in the case of a book-vending (1 Brown, 451; 2 Brown, 80), which by act of parliament if vested in a particular person, though the right not appearing by record of this court, yet being grounded on an act of...
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Anonymous (1752) 2 Ves Sen 414
...the equity of redemption, though the title at law was not established. Free. Ch. 530; Vide 1 Vern. 120, 129 ; 2 Atk. 302 ; 3 Atk. 726 ; 1 Ves. sen. 476. In these latter cases an injunction was refused, till the title was established at law); whereas the plaintiff comes originally into this ......
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