Justices of the Inferior Court v. Griffin & West Point Plank Road Co.
Supreme Court of Georgia
In Equity, in Pike Superior Court. Decided by Judge Starice, at Chambers, January 8th, 1852. The bill charges, that the Plank Road Company, by virtue of its charter, granted in 1849, had constructed about some thirteen miles of their road, in and through the County of Pike, on which they had erected two toll-gátes.
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In Equity, in Pike Superior Court. Decided by Judge Starice, at Chambers, January 8th, 1852. The bill charges, that the Plank Road Company, by virtue of its charter, granted in 1849, had constructed about some thirteen miles of their road, in and through the County of Pike, on which they had erected two toll-gátes. The bill charges, that for the purpose of settling difficulties that had occurred between the Justices of the Inferior Court of said County, and said Plank Road Company, in consequence of the latter appropriating to their use the public high road, leading from. Griffin, in said…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion,
[1.] The doctrine of injunction to restrain trespass, has been so'often considered by this Court, that I am under no obligation to discuss it. What we have to do in cases of this kind now, is to inquire whether they fall within the principles settled.
[2.] This case falls within the rule, that when it is impossible for the plaintiff- to prove fully his damage at Law, the injunction will be allowed. The bill charges, that the Plank Road Company had, at the expense of some thirty thousand dollars, in *249accordance with the provisions of their charter,…
2Cases cited3 opinions
- Fain v. GarthrightSupreme Court of Georgia · 1848
- Dicken v. JohnsonSupreme Court of Georgia · 1849
- Bethune v. WilkinsSupreme Court of Georgia · 1850
3Cited by11 opinions
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Burrus v. City of ColumbusSupreme Court of Georgia · 1898
- Atlantic Coast Line Railroad v. GunnSupreme Court of Georgia · 1937
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Coulson v. HarrisMississippi Supreme Court · 1871
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