Ruff v. Phillips
Supreme Court of Georgia
Nuisance. Certiorari. Before Judge Knight. Cobb county. At Chambers. February 14th, 1873. Martin L. Ruff, John R. Winters and Milledge G. Whit-lock, presented their petition for certiorari to the Honorable N. B. Knight, Judge of the Blue Ridge Circuit, making the following case: On February 7th, 1873, there came on to be heard before the President and Commissioners of the town of Acworth a certain cause in which M. M. Phillips, Thomas D. Perkerson and John Q. Tanner were…
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Nuisance. Certiorari. Before Judge Knight. Cobb county. At Chambers. February 14th, 1873. Martin L. Ruff, John R. Winters and Milledge G. Whit-lock, presented their petition for certiorari to the Honorable N. B. Knight, Judge of the Blue Ridge Circuit, making the following case: On February 7th, 1873, there came on to be heard before the President and Commissioners of the town of Acworth a certain cause in which M. M. Phillips, Thomas D. Perkerson and John Q. Tanner were plaintiffs, and petitioners, defendants, in which the former charged that a warehouse in the town of Acworth, used by…
1Opinion of the Court
McCay, Judge.
1. Section 4027 of the Revised Code, provides that “A public nuisance may be abated on the application of any citizen of the district, and a private nuisance on the application of the party injured.” Coining, as this does, immediately, next after the sections pointing out the mode of abating public nuisances, it is impossible to say that a private nuisance cannot be abated. Abated is a technicle term. Neither an action for damages nor an injunction can abate a nuisance. An injunction may prevent, and a verdict for damages may punish, but neither of them will abate a nuisance. We…
2Cited by19 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Simmons v. LindsaySupreme Court of Georgia · 1916
- People v. Selby Smelting and Lead Co.California Supreme Court · 1912
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