Legal Opinion

Camp v. Dixon, Mitchell & Co.

Supreme Court of Georgia

Decided August 7, 1900PublishedCited by 4 opinions

Petition for injunction. Before Judge Hansell. Echols superior court. May 19, 1900.

1Opinion of the CourtCobb, J.

The general rule is that equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent. Civil Code, § 4916. An exception to this rule is found in the Civil Code, §4927, which *675declares that in all applications to enjoin the cutting of timber for sawmill purposes, railroad-ties, and bridge-timbers for railroad purposes, or the boxing or otherwise working the same for turpentine purposes, it shall not be necessary to aver or prove insolvency, or that the damages are irreparable: “Provided, the petitioner has perfect title to the…

2Cases cited1 opinion

  1. Wilcox Lumber Co. v. BullockSupreme Court of Georgia · 1900

3Cited by4 opinions

  1. Dixon, Mitchell & Co. v. MonroeSupreme Court of Georgia · 1900
  2. Morgan v. Baxter & Co.Supreme Court of Georgia · 1901
  3. Lanier, Hamilton & Co. v. HebardSupreme Court of Georgia · 1905
  4. Powell v. BrinsonSupreme Court of Georgia · 1904

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API