Legal Opinion

Sylvania Water Supply Co. v. Overstreet

Supreme Court of Georgia

Decided November 13, 1905PublishedCited by 7 opinions

Injunction. Before Judge Rawlings. Screven superior court. July 14, 1905. Overstreet applied to the judge of the superior court for an injunction against the Sylvania Water Supply Company, alleging in .substance as follows: The defendant company, when it first commenced operations in the year 1904, gave notice to the citizens of Sylvania that its terms for supplying water would be “seventy-five cents for the first hydrant installed and twenty-five, cents for each additional…

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Injunction. Before Judge Rawlings. Screven superior court. July 14, 1905. Overstreet applied to the judge of the superior court for an injunction against the Sylvania Water Supply Company, alleging in .substance as follows: The defendant company, when it first commenced operations in the year 1904, gave notice to the citizens of Sylvania that its terms for supplying water would be “seventy-five cents for the first hydrant installed and twenty-five, cents for each additional hydrant used on the premises of the citizens of said city, with the privilege of using them as they should see fit…

1Opinion of the CourtBeoK, J.

(After stating the facts.) No extended argument is required to show that the defendant in the court below was deprived of a material right. We do not know, in view of the state of the pleadings and the evidence when-the case was closed at the time of the hearing at chambers, what the judge’s decision in the exercise-of his discretion would have been had he rendered it upon the case as-then made. But, instead of rendering his judgment then, he reserved his decision, and, pending the consideration of the cause,, permitted defendant in error to file an amendment containing new and material…

2Cases cited2 opinions

  1. Huff v. MarkhamSupreme Court of Georgia · 1883
  2. Jowers v. LottSupreme Court of Georgia · 1895

3Cited by7 opinions

  1. Camp v. CampSupreme Court of Georgia · 1957
  2. Southern Cotton Oil Co. v. OverbySupreme Court of Georgia · 1911
  3. Atlantic & Birmingham Railway Co. v. Mayor of CordeleSupreme Court of Georgia · 1906
  4. Horton v. FultonSupreme Court of Georgia · 1908
  5. Thompson v. StateSupreme Court of Georgia · 1912

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