Legal Opinion
COMMONWEALTH UNITED CORPORATION v. Rothberg
Supreme Court of Georgia
Decided July 12, 1965No. 23011PublishedCited by 8 opinions
1Opinion of the Court
Cook, Justice.
“The general rule is that an action [at law] will not be enjoined, at the instance of one not a party thereto.” Stone v. King-Hodgson Co., 140 Ga. 487, 491 (79 SE 122). “Equity will not enjoin the proceedings and processes of a court of law, unless there be some intervening equity or other proper defense of which the party, without fault on his part, cannot avail himself at law.” Code § 55-103.
In this case the plaintiff seeks to enjoin the prosecution of a suit to which it is not a party and by the result of which it will not be bound.
The fact that the plaintiff in the action…
2Cases cited5 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Independent Gasoline Co. v. Bureau of Unemployment CompensationSupreme Court of Georgia · 1940
- Waycross Air-Line Railroad v. Offerman & Western RailroadSupreme Court of Georgia · 1900
- Smith v. CuylerSupreme Court of Georgia · 1887
- Stone v. King-Hodgson Co.Supreme Court of Georgia · 1913
3Cited by8 opinions
- Robinson v. Geo Licensing Co., LLCDistrict Court, D. Maryland · 2001
- Summer v. AllisonCourt of Appeals of Georgia · 1972
- Sayers v. Forsyth Building Corp.Court of Appeals for the Fifth Circuit · 1969
- Collins v. BookerCourt of Appeals of Georgia · 1973
- Sims v. Mayflower Apartments, Inc.Court of Appeals of Georgia · 1974
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