Moffett v Brewer: 1848

Greene J said: ‘This summary method of redressing a grievance, by the act of an injured party, should be regarded with great jealousy, and authorised only in cases of particular emergency, requiring a more speedy remedy than can be had by the ordinary proceedings at law.’

Judges:

Greene J

Citations:

(1848) Iowa 1 Greene 348

Cited by:

CitedBurton v Winters CA 2-Jun-1993
The defendant’s garage had encroached by one brick’s width on the plaintiff’s land and had been built in 1975. The plaintiff obtained a declaration that that was the position in 1990 but was refused the mandatory injunction which she sought. The . .
CitedChamberlain v Lindon Admn 18-Mar-1998
The appellant challenged the dismissal of his private prosecution of the defendant in destroying a new garden wall. The magistrates had found a lawful excuse in that the defendant said that the wall had been constructed to obstruct his private right . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, International

Updated: 04 May 2022; Ref: scu.541705