Legal Opinion
Elder v. City of Winder
Supreme Court of Georgia
Decided November 13, 1946No. 15548PublishedCited by 20 opinions
1Opinion of the Court
Jenkins, Presiding Justice.
1. “Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible, but to a reasonable degree certain, equity may interfere to arrest a nuisance before it is completed.” Code, § 72-204. Thus it is only where it is made to appear with reasonable certainty that an instrumentality in the course of construction will necessarily constitute a nuisance that a court of equity will exercise the power to restrain. Harrison v. Brooks, 20 Ga. 537; Mygatt v. Goetchins, 20 Ga. 350; City of…
2Cases cited16 opinions
- Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Bacon v. WalkerSupreme Court of Georgia · 1886
- City Council v. LamarCourt of Appeals of Georgia · 1927
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Davis v. MillerSupreme Court of Georgia · 1957
- Griffith v. NewmanSupreme Court of Georgia · 1962
- Norton v. City of GainesvilleSupreme Court of Georgia · 1955
- Galaxy Carpet Mills, Inc. v. MassengillSupreme Court of Georgia · 1986
- Georgia Ports Authority v. HutchinsonCourt of Appeals of Georgia · 1993
15 more not listed; retrieve them via the Exa API.