Opinion
Appeal from the Third District.
The suit is to obtain a perpetual injunction restraining defendants from obstructing a certain road leading to the quicksilver mines of plaintiffs. The complaint avers plaintiffs to be owners of a mine situated on a portion of a rancho, the title to which is derived from the Mexican Government; that by conveyances from the grantee, plaintiffs have the right of way over all portions of said rancho; that defendants are working another mine on the same rancho; that the only practicable road leading from plaintiffs' mine to the main highway goes by the mine defendants are working, and that defendants, to injure plaintiffs, wantonly obstruct said road, by putting gates across it and preventing all ingress and egress. The complaint avers the great value of the mine, large number of laborers employed, and that said obstructions are ruinous, etc.
For the purposes of this application, further facts are not necessary, though it was thought proper to state thus much.
The preliminary injunction and other proceedings were then had, as stated in the syllabus. The application for injunction was made upon affidavit of the facts, the transcript on appeal being filed.
COUNSEL
Wm. T. Wallace, for the Application.
JUDGES: Baldwin, J., delivered the opinion of the Court. Field, C. J., and Cope, J., concurring.
OPINION
BALDWIN, Judge
Application for injunction. We deny the application. We see no necessity for this application, if we had the power to grant it, for the remedy of the plaintiff under the order reviving the injunction pending the appeal is ample to protect the plaintiff until the appeal can be heard, or the injunction be dissolved by some competent authority.