Smith v. Smith
Supreme Court of Georgia
Petition for injunction, etc.- Before Judge Harris. Heard county. February Y, 1898. On December 10, 189Y, plaintiffs brought their petition for an injunction to prevent J. D. Smith et al. from cutting or removing timber from a lot of land, from sawing it into lumber, from disposing of lumber in the possession or control of the defendants which had been sawn from timber cut thereon, and from collecting money for such of the lumber as had been sold; and for the appointment of…
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Petition for injunction, etc.- Before Judge Harris. Heard county. February Y, 1898. On December 10, 189Y, plaintiffs brought their petition for an injunction to prevent J. D. Smith et al. from cutting or removing timber from a lot of land, from sawing it into lumber, from disposing of lumber in the possession or control of the defendants which had been sawn from timber cut thereon, and from collecting money for such of the lumber as had been sold; and for the appointment of a receiver to take charge of the same. It was alleged, that the petitioners owned a ten-twelfths undivided interest in…
1Opinion of the CourtLittle, J.
1. Prior to the enactment of the provisions of law now codified in section 4927 of the Civil Code, the estab-. lished rule in this State was, that equity would not interfere to restrain a trespass, unless the injury was irreparable in damages or the trespasser was insolvent, or there existed other circumstances which, in the discretion of the court, rendered the interposition of the writ necessary and proper, among which circumstances was to be considered the avoidance of circuity and multiplicity of actions. Civil Code, § 4916. In the case of Powell v. Cheshire, 70 Ga. 357, where a bill was…
2Cases cited11 opinions
- Powell v. CheshireSupreme Court of Georgia · 1883
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Cottle v. Harrold, Johnson & Co.Supreme Court of Georgia · 1884
- Davis v. ClarkMissouri Court of Appeals · 1890
- Alexander v. FisherSupreme Court of Alabama · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roby v. NewtonSupreme Court of Georgia · 1905
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Jones v. OemlerSupreme Court of Georgia · 1900
9 more not listed; retrieve them via the Exa API.