Broomhead v. Grant
Supreme Court of Georgia
Nuisance. Jurisdiction. Equity. Courts. Before Judge Marshall J. Clarke. Eulton superior court. March, term, 1889. Mrs. Broomhead prayed for an injunction against the maintenance, by tenants of property adjoining her own, of an alleged nuisance, consisting of a stand and shed with its floor on a level with the main floor of her tenement house and not exceeding twenty feet from it, used for the purpose of washing horses and buggies, etc., making the premises exceedingly…
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Nuisance. Jurisdiction. Equity. Courts. Before Judge Marshall J. Clarke. Eulton superior court. March, term, 1889. Mrs. Broomhead prayed for an injunction against the maintenance, by tenants of property adjoining her own, of an alleged nuisance, consisting of a stand and shed with its floor on a level with the main floor of her tenement house and not exceeding twenty feet from it, used for the purpose of washing horses and buggies, etc., making the premises exceedingly filthy, the water after being used being turned into the opening of a sewer and causing the constant escape of unhealthy and…
1Opinion of the Court
Simmons, Justice.
There was no error in the refusal of the injunction in this case, according to the facts disclosed in this record. The remedy for the abatement of a nuisance, either public or private, is provided in the code, §§4094-98. The fact that courts of equity and of law have been com-*453billed in tbe superior court, does not give tne latter court any more power or jurisdiction than tbe two courts bad before tbe uniform procedure act of 1887. If tbe court of equity would not bave bad jurisdiction of tbis case, under tbe facts as disclosed by tbis record, before tbe passage of tbis act,…
2Cases cited1 opinion
- Ruff v. PhillipsSupreme Court of Georgia · 1873
3Cited by18 opinions
- Poultryland Inc. v. AndersonSupreme Court of Georgia · 1946
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
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