Legal Opinion

Ocmulgee Lumber Co. v. Mitchell

Supreme Court of Georgia

Decided December 21, 1900PublishedCited by 3 opinions

Injunction. Before Judge Smith. Pulaski county. October 5, 1900.

1Opinion of the CourtLittle, J.

1. As a general rule, equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent. Civil Code, §4916.

2. Where the petition under which the injunction is sought sets out with particularity, and in detail, different acts which it is alleged constitute the trespass, and affixes in money the damages which the plaintiff sustained by each of such several acts, there is no foundation for the claim that such damages are “irreparable.”

3. When by the allegations of the petition it further appears that the several acts of the defendant,…

2Cited by3 opinions

  1. Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
  2. Roberts v. HeinsohnSupreme Court of Georgia · 1905
  3. Cox v. CoxSupreme Court of Georgia · 1930

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