Norwood v. Dickey
Supreme Court of Georgia
In Equity, in Calhoun Superior Court. Decision by Judge Perkins, at May Term, 1855. William Norwood filed a bill against James Dickey, alleging that complainant was the owner of certain lots of land, and that Dickey was the owner of adjoining lots; that Dickey had erected a mill-dam upon his land, by which a large pond of water -was made stagnant, and a largo swamp saturated ; and that, by reason of the decaying timber and the miasma arising therefrom, the family of…
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In Equity, in Calhoun Superior Court. Decision by Judge Perkins, at May Term, 1855. William Norwood filed a bill against James Dickey, alleging that complainant was the owner of certain lots of land, and that Dickey was the owner of adjoining lots; that Dickey had erected a mill-dam upon his land, by which a large pond of water -was made stagnant, and a largo swamp saturated ; and that, by reason of the decaying timber and the miasma arising therefrom, the family of complainant had been made very sick the next summer after the erection of the dam; that the damage to complainant was…
1Opinion of the Court
By the Court.
Denning, J.
delivering the opinion.
[1.] Did the Court below have power to entertain this bill ?
The bill has two objects in view : one to demolish the dam, the other, to prevent the dam from being raised higher. It appears, by an amendment to the bill, that the defendant was engaged in raising the dam higher.
The defendant demurred to the bill, on the ground, that the complainant had an adequate remedy at Law. The Court sus tained the demurrer, and dismissed the bill. If there was any equity at all in the bill — any equity for either of the two objects it had in view, this judgment…
2Cases cited1 opinion
- Coker v. BirgeSupreme Court of Georgia · 1851
3Cited by4 opinions
- Butler v. Mayor of ThomasvilleSupreme Court of Georgia · 1885
- Georgia Chemical, Co. v. ColquittSupreme Court of Georgia · 1884
- McNeal v. Assiscunk Creek Meadow Co.New Jersey Court of Chancery · 1883
- Minor v. DeVaughnSupreme Court of Georgia · 1883