Howell v. Lee
Supreme Court of Georgia
Motion to dissolve injunction. Decided by Judge Worrell. Superior Court of Muscogee County. November Term, 1866. Farley B. Adams brought an action of ejectment, returnable to the November Term, 1858, of said Court, on the several demises of Thomas W. Howell and Farley B. Adams, against the defendant in error as tenant in possession, for the recovery of lot number two hundred and sixty and all of lot number two hundred and fifty, (except ninety-two acres on the east side of…
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Motion to dissolve injunction. Decided by Judge Worrell. Superior Court of Muscogee County. November Term, 1866. Farley B. Adams brought an action of ejectment, returnable to the November Term, 1858, of said Court, on the several demises of Thomas W. Howell and Farley B. Adams, against the defendant in error as tenant in possession, for the recovery of lot number two hundred and sixty and all of lot number two hundred and fifty, (except ninety-two acres on the east side of it) in the tenth district of said county, and for mesne profits. On the trial before the petit jury, said plaintiff…
1Opinion of the CourtHarris, J.
Notwithstanding the repeated decisions, from the very establishment of the Court itself, it seems very difficult to eradicate a prevalent but mistaken idea with members of the bar, that upon the coming in of the answer of a defendant, and swearing off (as it is called in common parlance,) the equity of complainant’s bill, the injunction in the cause will, as a matter of course, be dissolved. The granting and the dissolution of injunctions must ever remain matters for the careful and sound discretion of the Judges of the Superior Courts. Injunctions are the most efficient instruments known to…
2Cited by2 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Fuson v. Connecticut General Life Ins.Supreme Court of Iowa · 1880