Dunning v. Kelly

New Jersey Court of Chancery

Dunning v. Kelly

47 N.J. Eq. 324

DecidedJune 15, 1890

StatusPublished

This text of 47 N.J. Eq. 324 (Dunning v. Kelly) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunning v. Kelly, 47 N.J. Eq. 324 (N.J. Ct. App. 1890).

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Opinion

Decree awarded a perpetual injunction restraining the defendant from filling': up or obstructing a ditch through which the complainant’s lot was drained. The lots of the parties, respectively, lying within a city, in the neighborhood of city improvements, and the probability-being, that by the construction of sewers by the city the water from the complainant’s lot may be diverted into public-sewers, and his lot thereby relieved therefrom, the decree was amended, giving' defendant leave to apply, upon such an altered condition of affairs, to have-the injunction modified or discharged.

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Decree awarded a perpetual injunction restraining the defendant from filling': up or obstructing a ditch through which the complainant’s lot was drained. The lots of the parties, respectively, lying within a city, in the neighborhood of city improvements, and the probability-being, that by the construction of sewers by the city the water from the complainant’s lot may be diverted into public-sewers, and his lot thereby relieved therefrom, the decree was amended, giving' defendant leave to apply, upon such an altered condition of affairs, to have-the injunction modified or discharged.

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Bluebook (online)

47 N.J. Eq. 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunning-v-kelly-njch-1890.