Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Kimsey. Lumpkin superior court. April 21, 1903.
1Opinion of the CourtSimmons, C. J.
1. The rule that this court will not interfere with the discretion of the trial judge in granting or refusing an injunction where the evidence is conflicting does not apply when the question to be decided by the trial judge is one of law.
2. Where, therefore, a lower riparian proprietor files an equitable petition praying an interlocutory injunction against an upper proprietor who is threaten- ' ing to interfere with petitioner’s rights in a non-navigable stream flowing through his land, by diverting part of the water above the lands of the petitioner and returning it to the stream below such…
2Cases cited3 opinions
- Hendrick v. CookSupreme Court of Georgia · 1848
- White v. East Lake Land Co.Supreme Court of Georgia · 1895
- Pool v. LewisSupreme Court of Georgia · 1870
3Cited by21 opinions
- Uni-Worth Enterprises, Inc. v. WilsonSupreme Court of Georgia · 1979
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Ballard v. WaitesSupreme Court of Georgia · 1942
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