Thornton v. Skelton
Supreme Court of Georgia
Injunction. Before Judge Hodges. Elbert superior court. June 1, 1918. On May 16, 1918, A. S. Skelton, solicitor-general of the Northern Circuit, and Raymonde Stapleton as solicitor of the city court of Elberton and as a citizen of the county of Elbert, instituted an action against Ben.
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Injunction. Before Judge Hodges. Elbert superior court. June 1, 1918. On May 16, 1918, A. S. Skelton, solicitor-general of the Northern Circuit, and Raymonde Stapleton as solicitor of the city court of Elberton and as a citizen of the county of Elbert, instituted an action against Ben. E. Thornton, a resident of that county, the allegations of the petition being, in effect, as follows: On March 30, 1918, the officers of the county “located in the ground, and in the horse-stable of the said Thornton, a barrel containing about thirty gallons of whisky. . . Thornton admitted to the officers of…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts). Of course the purpose of the action was not to enjoin acts completed prior to its commencement, that is, the having by the defendant in his possession, custody, or control the barrels of prohibited liquor found concealed on his premises in March and April, before the action was brought in May. But the object sought was to enjoin the repetition of the illegal acts already committed, There was no *95allegation in the petition, and no proof at the hearing, of an intention or threat of the defendant to again violate the prohibition law, as it was charged he had…
2Cases cited1 opinion
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3Cited by7 opinions
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- Sprayberry v. WyattSupreme Court of Georgia · 1947
- Harris v. StateSupreme Court of Georgia · 1920
- Elder v. StarkSupreme Court of Georgia · 1946
- Avera v. ClyattSupreme Court of Georgia · 1921
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