Legal Opinion

Vaughn v. Yawn

Supreme Court of Georgia

Decided November 30, 1897PublishedCited by 19 opinions

Injunction. Before Judge Smith. Telfair county. May 27, 1897.

1Opinion of the CourtLittle, J.

1. The office of an injunction being, under the code of this State, merely to restrain and not to compel the performance of an act, this remedy is not available for the purpose of evicting a party from the actual possession of land, the right to which is in dispute between himself and another; and consequently such a result can not be indirectly accomplished by an order restraining the party so in possession “from further interfering with said lot of land, house and crop” thereon. Such an order, being mandatory in its nature, would afford relief not within the proper scope of the writ of…

2Cases cited1 opinion

  1. Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1897

3Cited by19 opinions

  1. Mackenzie v. MinisSupreme Court of Georgia · 1909
  2. Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
  3. Benton v. TurkSupreme Court of Georgia · 1939
  4. Burns v. HaleSupreme Court of Georgia · 1926
  5. Hall v. HenningerSupreme Court of Iowa · 1909

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