Glass v. Clark
Supreme Court of Georgia
Bill of Exceptions. Injunctions. Before Judge Clark. Sumter county. Chambers. October, 1870. *On the 8th of September, 1870, Glass et al., presented to Judge Clark a bill against Clark et al., praying an injunction against their use of a mill-pond averred to be a nuisance. On the 22d of October, 1870, the Judge refused the injunction without a hearing. This refusal is brought here by writ of error.
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Bill of Exceptions. Injunctions. Before Judge Clark. Sumter county. Chambers. October, 1870. *On the 8th of September, 1870, Glass et al., presented to Judge Clark a bill against Clark et al., praying an injunction against their use of a mill-pond averred to be a nuisance. On the 22d of October, 1870, the Judge refused the injunction without a hearing. This refusal is brought here by writ of error. When the cause was called here, counsel for defendants in error moved to dismiss the writ of error—first, because the matter was res adjudicata, by reason of the dismissal of the cause before, (see…
1Opinion of the CourtLochrane, C. J.
In this case the plaintiffs in error filed their bill, praying an injunction restraining the defendants in error from using a mill or mill-dam, etc., so as to overflow the lands contiguous; and the special averments of the bill allege depreciation of the value of adjacent lands and the sickness occasioned by the acts complained of. This bill was verified on the 8th day of September, 1870, and was presented to the presiding Judge for his sanction and order of injunction, which was refused, October 22d, 1870.
A bill of exceptions, on the 31st October, 1870, was presented by complainants’…
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- McCree v. Mayor of AmericusSupreme Court of Georgia · 1870
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