Leake v. Smith
Supreme Court of Georgia
Injunction. Before Judge Brown. Gilmer County. At Chambers. October 19, 1885. On July 31,1885, William W. Leake filed a bill against R. L. Smith, of Gilmer county, and five others, non-residents, alleging, in brief, as follows: He was the owner of a lot of land in Gilmer county, valuable for mining purposes. The real vein of gold had never been discovered until recently.
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Injunction. Before Judge Brown. Gilmer County. At Chambers. October 19, 1885. On July 31,1885, William W. Leake filed a bill against R. L. Smith, of Gilmer county, and five others, non-residents, alleging, in brief, as follows: He was the owner of a lot of land in Gilmer county, valuable for mining purposes. The real vein of gold had never been discovered until recently. Prior to June 6, 1885, Smith represented to him that, i-f he would make a contract with him and. his associates, they would so work the mine as to carry out the terms of the contract; and it was accordingly signed. In fact,…
1Opinion of the Court
Hall, Justice.
The order of the chancellor upon this application for an injunction, though not in the terms of complainant’s prayer, keeps the subject-matter in dispute in the position it was found when the bill was exhibited, and protects every in*527terest of the contending parties until the cause can be finally heard. It is true that it determines none of the nice and doubtful questions made, and this is the proper course to pursue upon a preliminary hearing, where it is always difficult, and sometimes impossible, to get all the evidence bearing upon the case before the judge. Usually the ex…
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