Legal Opinion

Wheeler v. Steele

Supreme Court of Georgia

Decided July 15, 1873PublishedCited by 2 opinions

Injunction. Riparian rights. Before Judge Knight. Cherokee County. At Chambers. October 4th, 1873. James Steele filed his bill in Cherokee Superior Court, alleging that he owned lots of land numbers two hundred and fifty-seven, three hundred and twenty, three hundred and twenty-seven, and three hundred and twenty-nine, that part of two hundred and fifty-six lying south and south-east of Etowah river, that part of two hundred and fifty-eight which lies on the south side of…

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Injunction. Riparian rights. Before Judge Knight. Cherokee County. At Chambers. October 4th, 1873. James Steele filed his bill in Cherokee Superior Court, alleging that he owned lots of land numbers two hundred and fifty-seven, three hundred and twenty, three hundred and twenty-seven, and three hundred and twenty-nine, that part of two hundred and fifty-six lying south and south-east of Etowah river, that part of two hundred and fifty-eight which lies on the south side of said river, and that part of number three hundred and nineteen which lies east of Little river and south of said Etowah…

1Opinion of the Court

Trippe, Judge.

1. The injunction was granted restraining the defendant from increasing the height of the dam. So far as it was made to appear at the hearing for the injunction, the mill-dam was completed, and there was no charge in the bill that the defendant had threatened or purposed to raise it higher. Nor was there even any affidavit showing such intention. On the contrary, the defendant denied, under oath, that any such intention existed. There was, therefore, nothing calling for the injunction on that point. If such an effort be made hereafter by the defendant, there will be time enough…

2Cited by2 opinions

  1. Thornton v. SkeltonSupreme Court of Georgia · 1919
  2. Stanford v. LyonNew Jersey Court of Chancery · 1883

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