Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the avoidance of circuity and multiplicity of actions.
(Laws 1842, Cobb's 1851 Digest, p. 528; Code 1863, § 3141; Code 1868, § 3153; Code 1873, § 3219; Code 1882, § 3219; Civil Code 1895, § 4916; Civil Code 1910, § 5493; Code 1933, § 55-104.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 42 Am. Jur. 2d, Injunctions, § 100 et seq.
C.J.S.- 43A C.J.S., Injunctions, § 132 et seq.
ALR.
- Avoidance of multiplicity of suits as ground of jurisdiction in equity of a suit by one out of possession to quiet title against persons in possession of different portions of the land in severalty, 30 A.L.R. 109.
Injunction against repeated or continuing trespasses on real property, 32 A.L.R. 463; 60 A.L.R.2d 310.
Injunction against removal of, or interference with, remains interred in burial lot, 33 A.L.R. 1432.
Interference with easement of light, air, or view by structure in street or highway as ground for injunction at instance of abutting owner, 40 A.L.R. 1321.
Owner or keeper of trespassing dog as subject to injunction or damages, 107 A.L.R. 1323.
Tort damaging real property as creating a single cause of action or multiple causes of action in respect of different portions of land of the same owner affected thereby, 117 A.L.R. 1216.
Injunction in respect of property as covering action for rent or for use and occupation, 155 A.L.R. 844.
Right of private sewerage system owner to enjoin unauthorized persons from using facilities, 76 A.L.R.2d 1329.
Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.