Ott v. Raburn

1. "Mere apprehension of irreparable injury from an alleged nuisance consisting of a house in course of construction for a lawful business use is not sufficient to authorize an injunction. If it be a nuisance, the consequences must be to a reasonable degree certain." Richmond Cotton Oil Co. v. Castellaw, 134 Ga. 472 (67 S.E. 1126); Thomoson v. Sammon, 174 Ga. 751, 757 (164 S.E. 45); Wingate v. Doerun, 177 Ga. 374 (170 S.E. 226).

2. Where, as here, the bill of exceptions recites that counsel for the plaintiffs in error stated in open court that the plaintiffs did not contend that the…