Mygatt v. Goetchins
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decided by •Judge Worrill, at Chambers, June 17th, 1856. A bill was filed by Charles Mygatt, Philip T. Schley and Mary E. Eishburne, against Richard R. Goetchins, alleging ■that complainants are all residents of the City of Columbus; that said Mygatt was the owner, on the 1st day of January, 1856, of the south half of lot No. 237 in said city, upon which lot he has erected buildings worth, together with the lot, .about $5.000; that he…
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In Equity, in Muscogee Superior Court. Decided by •Judge Worrill, at Chambers, June 17th, 1856. A bill was filed by Charles Mygatt, Philip T. Schley and Mary E. Eishburne, against Richard R. Goetchins, alleging ■that complainants are all residents of the City of Columbus; that said Mygatt was the owner, on the 1st day of January, 1856, of the south half of lot No. 237 in said city, upon which lot he has erected buildings worth, together with the lot, .about $5.000; that he has, since the 1st of January, mort.gaged said lot to several persons, to secure debts amounting to $7.300 ; that on the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Taking the bill and answer, the contemplated structure, prima facie, will not b e a nuisance. It will neither work hurt, discomfort or damage. The only sense it will offend, is that of hearing. And we know of no sound, however discordant, that may not, by habit, be converted into a lullaby, ■except the braying of an ass or the tongue of a scold.
Should the machinery be erected upon a plan different from that indicated in the answer, and upon which our judgment of affirmance is predidated, and produce the mischief apprehended by the…
2Cited by11 opinions
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- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Elder v. City of WinderSupreme Court of Georgia · 1946
- City of Quitman v. UnderwoodSupreme Court of Georgia · 1918
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