Legal Opinion

McPhaul v. Simon

Supreme Court of Georgia

Decided October 16, 1935No. Nos. 10859, 10860PublishedCited by 2 opinions

1Opinion of the Court

Hutcheson, Justice.

A court of equity should not exercise its extraordinary powers where there is no grave danger of impending injury. Bare fears of injury will not authorize such action. Elam v. Elam, 72 Ga. 162 (2). Nowhere in the petition or amendments thereto in the instant case is it alleged that any overt act has been done by the county *261authorities in eonneetion with the license tax complained of, or arrest made, or execution issued, or any levy made on property of complainant. Under the pleadings there is no basis for the exercise of equity jurisdiction, and the court erred in…

2Cases cited3 opinions

  1. Cathcart Van & Storage Co. v. City of AtlantaSupreme Court of Georgia · 1930
  2. Howard v. Briarcliff Zoological Corp.Supreme Court of Georgia · 1934
  3. Elam v. ElamSupreme Court of Georgia · 1883

3Cited by2 opinions

  1. Warren v. SuttlesSupreme Court of Georgia · 1940
  2. Christokas v. WestSupreme Court of Georgia · 1935

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