Lewis, Robinson & Co. v. Hutchinson
Supreme Court of Georgia
Injunction. Before Judge Mitchell. Berrien superior court. February 18, 1906. Hattie Hutchinson, administratrix of the estate of J. T. Dob-son, sought an injunction to prevent Lewis, Bobinson & Company from cutting and boxing for turpentine purposes the pine timber on certain land.
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Injunction. Before Judge Mitchell. Berrien superior court. February 18, 1906. Hattie Hutchinson, administratrix of the estate of J. T. Dob-son, sought an injunction to prevent Lewis, Bobinson & Company from cutting and boxing for turpentine purposes the pine timber on certain land. Her petition alleges, that the estate of plaintiffs intestate owns the land in fee simple, and the defendants have no right or title to the timber or turpentine privileges on the same; that in January, 1906, the defendants entered on the land and cut turpentine boxes in the pine trees thereon, and that they…
1Opinion of the CourtBeck, J.
1. The evidence authorized the court to find: and hold that the acts of trespass set forth in the plaintiff’s petition would result in irreparable damage. Camp v. Dixon, 112 Ga. 872; Massee-Felton Lumber Co. v. Simmons, 122 Ga. 297..2. The cutting of timber may be enjoined when the defendant is solvent and .the plaintiff has not a “perfect title” as required in certain cases by the Civil Code, §4927, provided the damages are irreparable, and the circumstances are such as to indicate that the trespasses are constantly recurring and likely to involve a multiplicity of suits. Hence the court did…
2Cases cited9 opinions
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Massee-Felton Lumber Co. v. SirmansSupreme Court of Georgia · 1905
- Ray v. CampSupreme Court of Georgia · 1900
- Pearson v. BrownSupreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Summerlin v. StateSupreme Court of Georgia · 1908
- Shaw v. Henderson Lumber Co.Supreme Court of Georgia · 1913
- Ellis v. Georgia Kraft Co.Supreme Court of Georgia · 1963
- Nail v. NailSupreme Court of Georgia · 1956
- Anderson v. ThompsonSupreme Court of Georgia · 1941
3 more not listed; retrieve them via the Exa API.