Clark v. Herring & Mock
Supreme Court of Georgia
Equity practice. Lease. Restraint of trade. Landlord and tenant. Before Judge Strozier. Dougherty county. Chambers. 1871. The bill of Herring & Mock to enjoin Clark from keeping a bar-room in a hotel, made this case: On the 20th of March, 1867, A. J. Towns and one Kemp made a contract, in writing, whereby it was agreed that Kemp should have the east cellar, and another room, in the new brick hotel, then in process of completion by said Towns, in Albany, “ to be kept by said…
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Equity practice. Lease. Restraint of trade. Landlord and tenant. Before Judge Strozier. Dougherty county. Chambers. 1871. The bill of Herring & Mock to enjoin Clark from keeping a bar-room in a hotel, made this case: On the 20th of March, 1867, A. J. Towns and one Kemp made a contract, in writing, whereby it was agreed that Kemp should have the east cellar, and another room, in the new brick hotel, then in process of completion by said Towns, in Albany, “ to be kept by said Kemp, as a first-class bar-room, as an adjunct to said hotel; to hold it to himself and his heirs and assigns, upon…
1Opinion of the Court
McCay, Judge.
1. We will not look closely into the judgment of a Circuit Judge on a motion to dissolve an injunction, on the facts. The law leaves much, in such cases, to his discretion — his judgment, at best, is only temporary, till the hearing, and there is great propriety in trusting to the discretion of the Judge upon the facts, if there be no error of lato.
2. The paper set forth in the record, conveying the interest in this room, is clearly not a mere contract of writing, so as to give the tenant only an usufruct, as provided by section 2253 of the Code, and which, by that section,…
2Cited by4 opinions
- Rosen v. WolffSupreme Court of Georgia · 1922
- Bennett Bros. v. CongdonMontana Supreme Court · 1897
- Harms v. EntelmanCourt of Appeals of Georgia · 1917
- Murrah v. First National BankSupreme Court of Georgia · 1969