Although the motive with which an act alleged to be a nuisance is done does not alter its character1, the motive which actuates the person who brings the proceedings to restrain acts alleged to be a nuisance is to be considered in determining whether an injunction should be granted2. Acquiescence of the claimant which encourages the defendant to expend money will deprive the former of the remedy of an injunction and will reduce him to his remedy, if any, in damages
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