Spires v. Wright
Supreme Court of Georgia
Petition for injunction. Before Judge Walker. Lincoln superior court. August 2, 1917.
1Opinion of the CourtGeoege, J.
1. “Where one gives notice of his intention to close a private way, but has not actually obstructed the same, the statutory remedies for removing obstructions do not apply. In a proper case injunction may issue to prevent the threatened injury.” Nevels v. Golden, ante, 34 (92 S. E. 521). If the threatened obstruction would constitute a con- ' tinuing nuisance, a proper case for equitable interference is made. Simmons v. Lindsay, 144 Ga. 845 (88 S. E. 199).
2. “If the chancellor puts his refusal of an injunction on the facts which were controverted, or refuses an injunction generally, this…
2Cases cited3 opinions
- Simmons v. LindsaySupreme Court of Georgia · 1916
- Head v. BridgesSupreme Court of Georgia · 1883
- Nevels v. GoldenSupreme Court of Georgia · 1917
3Cited by16 opinions
- Loomis v. StateCourt of Appeals of Georgia · 1948
- Hall v. BrowningSupreme Court of Georgia · 1943
- Dowling v. DoyleSupreme Court of Georgia · 1920
- Dodson v. EvansSupreme Court of Georgia · 1921
- American Liberty Insurance v. SandersCourt of Appeals of Georgia · 1969
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