Legal Opinion
Domin v. Brush
Supreme Court of Georgia
Decided December 21, 1931No. 8486PublishedCited by 11 opinions
1Opinion of the CourtAtkinson, J.
1. In accordance with the general equity rule (21 C. J. 397, § 418), one who asks for injunctive relief must clearly allege his title or interest in the subject-matter of the suit. 32 O. J. 325, § 539(b). *33As a general rule an allegation that a party is the owner of specified realty is an allegation of an ultimate fact and not a conclusion of law. 21 Enc. PL & Pr. 718, 719, note 1. In this State in a suit for injunction it will be sufficient to allege generally title in the plaintiff, without setting out the several steps by which the title was perfected. Chancey v. Johnson, 148 Ga. 87 (95 S.…
2Cases cited5 opinions
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Chancey v. JohnsonSupreme Court of Georgia · 1918
- Adams v. JohnsonSupreme Court of Georgia · 1907
- McMullen v. CooperSupreme Court of Georgia · 1906
- Howell v. WilsonSupreme Court of Georgia · 1912
3Cited by11 opinions
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
- Gray v. BradfordSupreme Court of Georgia · 1942
- Foster v. RowlandSupreme Court of Georgia · 1942
- Hamilton v. EvansSupreme Court of Georgia · 1952
- Ellis v. Georgia Kraft Co.Supreme Court of Georgia · 1963
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