Harrison v. Brooks
Supreme Court of Georgia
In Equity, in Randolph Superior Court. Decided by Judge Kiddoo, at Chambers, February 25th, 1856. This was a bill filed by William. H. Brooks against William Harrison.
Read the full summary
In Equity, in Randolph Superior Court. Decided by Judge Kiddoo, at Chambers, February 25th, 1856. This was a bill filed by William. H. Brooks against William Harrison. The bill charges that complainant is the-owner of lots one and three, in square twelve; and also-of lot three in square eleven, in the town of Cuthbert, Ran- - dolph County, Georgia; that lots Nos. 1 and 3 in square 12 ‘ have, for twenty years, been the site of a house used as a. hotel or inn for the accomodation of the travelling public and of the citizens of Cuthbert, many of whom have been entertained thereat; that said…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We think the true rule in such cases is this, namely: that injunctions will only be granted to restrain nuisances, in *544cases of absolute necessity, in which the evil sought to be-prevented is not only probable, but certain and inevitable.
Moreover, it will be less disposed to interfere, where the-apprehended mischief is to follow from such establishments- and erections as have a tendency to promote the public convenienee. (2 Ir. Eq. Rep. 199; Pick. Rep. 376; Daniel’s Ch. Pr. note p. 1850.)
Testing this case by this rule, we think there can be…
2Cited by17 opinions
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- Bacon v. WalkerSupreme Court of Georgia · 1886
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- Richmond Cotton Oil Co. v. CastellawSupreme Court of Georgia · 1910
12 more not listed; retrieve them via the Exa API.