Legal Opinion
Wingate v. City of Doerun
Supreme Court of Georgia
Decided July 13, 1933No. 9641PublishedCited by 11 opinions
1Opinion of the CourtGilbert, J.
1. The power conferred by the Civil Code (1910), § 5331, on a town or city having a population of less than twenty thousand, to abate nuisances, under its terms applies “if a nuisance exists.” It does not apply where there is a mere apprehension of an irreparable injury.
2. The judgment rendered by the mayor of Doerun under the power conferred by the above-stated code section recites that on the hearing of the proceeding to abate the nuisance “the defendant [C. R. Wingate] admits he plans to erect and operate same,” that is the boiler and sawmill; that the same, “is a public nuisance and…
2Cases cited6 opinions
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- Richmond Cotton Oil Co. v. CastellawSupreme Court of Georgia · 1910
- Barton v. RogersSupreme Court of Georgia · 1928
- Thomoson v. SammonSupreme Court of Georgia · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Elder v. City of WinderSupreme Court of Georgia · 1946
- Southeastern Liquid Fertilizer Co. v. ChapmanCourt of Appeals of Georgia · 1961
- Telford v. City of GainesvilleSupreme Court of Georgia · 1951
- City of Doraville v. SOUTHERN RAILWAY COMPANYSupreme Court of Georgia · 1971
- Mitchell v. GreenSupreme Court of Georgia · 1946
6 more not listed; retrieve them via the Exa API.