Reports of Cases Argued and Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey (2)

Volume: 2 General Books publication date: 2009 Original publication date: 1860 Original Publisher: Printed by Phillips and Boswell Subjects: Law reports, digests, etc Equity Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Earl v. De Hart. There is another question, and that is as to the extent of the injunction. When the bill was filed the channel for the discharge of the water was stopped up, and it would appear, from the evidence, that it remains so still. The prayer of the bill is, that the defendants may be decreed to abate and remove the obstruction, and that they may be enjoined from permitting the channel of the said watercourse to remain filled up and obstructed, in the manner the same has been filled up and obstructed, as complained of in the bill. The complainant is entitled to have the obstruction removed. There is no reason why the court should not exercise a power to abate as well as prevent the erection of nuisances in clear cases. It is unnecessarily stripping the court of half its power to deny it this jurisdiction. If the court can decree it a nuisance, it should possess the power to give efficacy to such a decree, otherwise it pronounces a judgment it has not power to execute. In the case of The East India Company v. Vincent, 2 Atk, 83, Lord Chancellor Hardwick declared a wall erected by the defendant to be a nuisance, and decreed the same to be pulled down. There are a number of other English authorities. -- See note to case in 2 Green's Ch. Rep. 136. In Van Bergen v. Van Bergcn, 2 Johns. Ch. Rep. 272, the Chancellor says -- I have no doubt of the jurisdiction "f the court in cases of private nuisance. It can order them to be abated, as well as restrain them from being erected. And in Hammond a...