Jones v. Macon & Brunswick Railroad
Supreme Court of Georgia
Constitutional laws. Injunction. Decided by Judge Cole. Chambers. Bibb county, March 1869. William B. Hodgson, John L. Mustain, and John E. Jones, by their bill made this case: They charged that the Macon and Brunswick Railroad Company was an incorporation of this State, having its principal office in said county, that they, complainants, are citizens of the State of Georgia, and tax payers thereof; that the Legislature of said State passed “An Act entitled an Act to extend…
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Constitutional laws. Injunction. Decided by Judge Cole. Chambers. Bibb county, March 1869. William B. Hodgson, John L. Mustain, and John E. Jones, by their bill made this case: They charged that the Macon and Brunswick Railroad Company was an incorporation of this State, having its principal office in said county, that they, complainants, are citizens of the State of Georgia, and tax payers thereof; that the Legislature of said State passed “An Act entitled an Act to extend the aid of the State to the completion of the Macon and Brunswick Railroad, and for other purposes,” approved 3d day of…
1Opinion of the CourtBrown, C. J.
The allegations in this bill, upon the only ground authorizing the complainants to maintain it under the Act of the Legislature, are made, and the facts charged, “ on information received from others,” without stating who are the informants, and without any affidavit from such other persons to sustain the allegations. An injunction, which is a harsh remedy, should never be granted till a clear prima facie case is made by the bill, by positive averrments. A charge that the facts are true, on information received from others, is insufficient.
2. The 5th section of the “Act to loan the credit of…
2Cited by10 opinions
- Nance v. DanielSupreme Court of Georgia · 1936
- Coffeyville Mining & Gas Co. v. Citizens' Natural Gas & Mining Co.Supreme Court of Kansas · 1895
- Allen v. AllenSupreme Court of Georgia · 1943
- Kilgore v. PaschallSupreme Court of Georgia · 1947
- Bailey v. B. F. Coggins Granite & Marble Industries Inc.Supreme Court of Georgia · 1941
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