...Lord Brougham in the recent case of The Earl of Ripon v. Hobart, (Cooper's Rep. Temp. Brougham, 343.) If the thing sought to be prohibited is in itself...court will interfere to stay irreparable mischief, where the complainant's right is not doubtful, without waiting for the result of a trial. But where...

...and Mr. Spranger, in support of the Injunction.—In the case of Barnes \. Baker (1) Lord Hardfere to stay irreparable mischief without waiting for the...expedite the proceedings, the injunction being in the mean time continued. But where the thing sought to be restrained is not unavoidably and in itself noxious,...

...preventing irreparable mischief; and the thing complained of must be directly and immediately hurtful. If the thing sought to be prohibited is in itself a nuisance, the court will interfere; but where the thing sought to be restrained u not unavoidable and in itself noxious, but only something...

...injunction will be decreed. Ingraham t. Dunnell, 5 Metcalf, 126 ; 2 Story Eq. Jur. § 925, § 926. If the thing, sought to be prohibited, is in itself...mischief, without waiting for the result of a trial. But where the thing sought to be restrained is not unavoidably and in itselt noxious, but only something,...

...Ripon vs. Hobart, 3 Mylne and Reed, 169, Lord Chancellor Brougham, in delivering his opinion, says: "If the thing sought to be prohibited is in itself...mischief without waiting for the result of a trial at law; and will, according to the circumstances, direct an issue, or allow an action, and, if need...

...improperly) by the court. Thus, the language of Lord BROUGHAM, in a case cited was quoted as follows : "If the thing sought to be prohibited is in itself a nuisance, thecourtwill interfere to stay irreparable mischief without waiting for the result of a trial. But...

...injunction, as applied to cues of nuisance, were to be laid down as follows :— If the thing songht to be prohibited is in itself a nuisance, the Court...and will, according to the circumstances, direct an isiue, or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime...

...where facts are contested ; and cases of nuisance are excepted from the benefit even of this rule. "If the thing sought to be prohibited is in itself...interfere to stay irreparable mischief, without waiting the result of a trial." Shelford on Railways, 431. But what facts are here to be ascertained ? The...

...ground of preventing irreparable mischief, and the thing complained must be immediately hurtful. Ib. If the thing sought to be prohibited, is in itself a nuisance, chancery will interfere; but where it is not unavoidably, and in itself noxious, but may possibly prove...

...only to be granted because damages had been recovered at law." In the same case he observes, "Where the thing sought to be prohibited is in itself a nuisance,...for the result of a trial ; and will, according to circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings; the injunction...