Legal Opinion

Lyon v. Lyon

Supreme Court of Georgia

Decided August 4, 1897PublishedCited by 14 opinions

Petition for injunction. Before Judge Fite. Bartow county. March 27, 1897. Mrs. Lilla T.‘ Lyon brought her petition against Thomas L Lyon for divorce, and prayed also that the defendant be enjoined and restrained from remaining or coming upon her property on which she resided, or into her house; from eating and sleeping there; from attempting any control over the tenants upon the place, or the proceeds, income, rents, issues and profits thereof; from taking, using,…

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Petition for injunction. Before Judge Fite. Bartow county. March 27, 1897. Mrs. Lilla T.‘ Lyon brought her petition against Thomas L Lyon for divorce, and prayed also that the defendant be enjoined and restrained from remaining or coming upon her property on which she resided, or into her house; from eating and sleeping there; from attempting any control over the tenants upon the place, or the proceeds, income, rents, issues and profits thereof; from taking, using, possessing, or interfering with her personal property; and from exercising any control or direction over their two minor children…

1Opinion of the CourtFish, J.

1. While courts of equity are reluctant to interpose in controversies growing out of merely personal or domestic relations, and will ordinarily leave the parties to pursue the remedies open to them in the courts of common law, still when “property rights or questions concerning property arise between husband and wife, parent and child, [or] guardian and ward,” jurisdiction will be taken, in a proper case, in order that full and adequate relief may be granted to the injured party. See 1 Pom. Eq. Jur. (2d ed.) § 99. Thus, “ where a husband, by a post-nuptial deed, settles a house and business…

2Cases cited5 opinions

  1. Burns v. BurnsIndiana Supreme Court · 1877
  2. Van Duzer v. Van DuzerNew York Court of Chancery · 1837
  3. Harper v. HarperSupreme Court of Missouri · 1860
  4. Holmes v. HolmesNew York Supreme Court · 1848
  5. Ainsworth v. AinsworthSupreme Court of Georgia · 1868

3Cited by14 opinions

  1. Hall v. HallSupreme Court of Georgia · 1914
  2. State Ex Rel. Hathaway v. HartOregon Supreme Court · 1985
  3. Roberts v. RobertsSupreme Court of Georgia · 1970
  4. Stark v. HamiltonSupreme Court of Georgia · 1919
  5. Lyon v. LyonSupreme Court of Georgia · 1898

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