Legal Opinion

McNabb v. Houser

Supreme Court of Georgia

Decided January 16, 1931No. 7899PublishedCited by 10 opinions

1Opinion of the CourtHines, J.

(After stating the foregoing facts.) The rulings stated in headnotes 1 and 2 need no elaboration. We shall deal only with the question whether the facts demand a finding that the plaintiff is estopped, by his silence and acquiescence, from seeking to enjoin the defendants from their threatened diversion of the water from the stream upon which the plaintiff is a lower riparian owner. It is insisted that the plaintiff knew that the defendants were cleaning out and constructing a ditch for the purpose of diverting the waters in this stream, and knew that in so doing the defendants had expended…

2Cases cited14 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
  3. Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
  4. Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
  5. Hallock v. SuitorOregon Supreme Court · 1900

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3Cited by10 opinions

  1. Hollifield v. Monte Vista Biblical Gardens, Inc.Court of Appeals of Georgia · 2001
  2. Snow v. JohnstonSupreme Court of Georgia · 1943
  3. Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
  4. Tybrisa Co. v. Tybeeland, Inc.Supreme Court of Georgia · 1964
  5. Roughton v. THIELE KAOLIN COMPANYSupreme Court of Georgia · 1953

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