Saint Amand v. Lehman
Supreme Court of Georgia
Petition for injunction. Before Judge Bartlett. Douglas superior court. January 2, 1904. Saint Amand and others, executors of E. W. Marsh, by their petition against Ray of Douglas county, Brooker of Cobb county, and Lehman, a non-resident, and their associates and confederates, allege, that Marsh was, at the time of his death, the owner of what is known as the Sweetwater Park Hotel property and the Bowden Lithia Springs property, in Douglas county, on which he had • erected…
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Petition for injunction. Before Judge Bartlett. Douglas superior court. January 2, 1904. Saint Amand and others, executors of E. W. Marsh, by their petition against Ray of Douglas county, Brooker of Cobb county, and Lehman, a non-resident, and their associates and confederates, allege, that Marsh was, at the time of his death, the owner of what is known as the Sweetwater Park Hotel property and the Bowden Lithia Springs property, in Douglas county, on which he had • erected hotels, bath-houses, and cottages, laid out a park, and constructed a branch railroad and other improvements, at a total…
1Opinion of the CourtSiMMONS, C. J.
The petition charged that the three defendants had confederated for the purpose of injuring the plaintiff. Lehman alone answered. Even if there were defects in the service as to JBrooker, Ray was properly served, and failed to answer. His silence was therefore to be treated as an admission of the sworn-allegations of the petition» warranting an injunction against him and if, as claimed, we can not consider the evidence, it leaves the record in such shape that we can at least determine that it would have been proper to enjoin Ray from the continuance of the wrongful act alleged against him,…
2Cases cited6 opinions
- Ford v. HarrisSupreme Court of Georgia · 1894
- Everett v. TaborSupreme Court of Georgia · 1903
- Brown v. JoinerSupreme Court of Georgia · 1887
- Sims v. Cordele Ice Co.Supreme Court of Georgia · 1904
- Southern Mining Co. v. BrownSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City of Atlanta v. HudginsSupreme Court of Georgia · 1942
- Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
- Whitaker v. StateSupreme Court of Georgia · 1912
- Atlantic Coast Line Railroad v. GunnSupreme Court of Georgia · 1937
- Tamiami Trail Tours, Inc. v. Georgia Public Service CommissionSupreme Court of Georgia · 1957
15 more not listed; retrieve them via the Exa API.