Legal Opinion

Oliver v. Irvin

Supreme Court of Georgia

Decided March 8, 1973No. 27747PublishedCited by 15 opinions

1Opinion of the Court

Jordan, Justice.

The plaintiff alleged a continuing trespáss on his land by the defendants and sought injunctive relief. He appeals an order of dismissal for failure to state a claim in equity "for the reason that there is an adequate remedy at law.” Held:

Submitted February 12, 1973 Decided March 8, 1973. John A. Darsey, James L. Brooks, for appellant.

1. We reiterate that "with the advent of the adoption of the Civil Practice Act (Ga. L. 1966, p. 609; 1967, p. 226; Code Ann. Title 81A) a complaint is not required to set forth a cause of action, but need only set forth a claim for relief, and…

2Cases cited2 opinions

  1. Mitchell v. DickeySupreme Court of Georgia · 1970
  2. Gainesville Midland Railroad v. TynerSupreme Court of Georgia · 1948

3Cited by15 opinions

  1. Anderson v. FlakeSupreme Court of Georgia · 1997
  2. Mathews v. GreinerCourt of Appeals of Georgia · 1974
  3. Golston v. GariganSupreme Court of Georgia · 1980
  4. One Bluff Drive, LLC v. K. A. P., Inc.Court of Appeals of Georgia · 2014
  5. Loukes v. McCoyCourt of Appeals of Georgia · 1973

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