Michigan Supreme Court - 38 Mich. 46
The court held that the defendant's depositing of sand on the complainant's land constituted a legal injury, but an injunction should only be granted in cases of great injury where courts of law cannot provide an adequate remedy. The circuit judge erred in refusing the injunction and ordering a reference to a jury for an assessment of damages. An injunction is often granted when there is irreparable injury, particularly in cases of nuisances that disrupt one's peaceful occupation of their property. However, damages are difficult to measure and uncertain in such cases. The doctrine of irreparable mischief is crucial to prevent further harm. In this case, the complainant's motives may become relevant if they demand more than what the law can provide. The court may consider the complainant's motives when deciding whether to grant equitable relief. The court may award damages to compensate for any suffered injury, but there is no irreparable injury in this case. The circuit court correctly sent the case to a jury, and the decree is affirmed with costs.
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