Legal Opinion

Bracewell v. Cook

Supreme Court of Georgia

Decided September 10, 1941No. 13827PublishedCited by 16 opinions

1Opinion of the Court

Bell, Justice.

1. The petition stated a cause of action to enjoin a common or public nuisance, as defined in the Code, §§ 58-109, 58-110, and was not subject to demurrer for any reason urged.

2. The fact that a petition for injunction is not verified as required by the Code, § 81-110, does not as a matter of law demand its dismissal, but the petition may be retained in court and an injunction granted thereon, where “other satisfactory proofs” are submitted. Lee v. Clark, 49 Ga. 82 (2); Boykin v. Epstein, 87 Ga. 25 (13 S. E. 15); Martin v. Burgwyn, 88 Ga. 78 (13 S. E. 958). The statement to the…

2Cases cited4 opinions

  1. Martin v. BurgwynSupreme Court of Georgia · 1891
  2. Thornton v. SkeltonSupreme Court of Georgia · 1919
  3. Boykin, Seddon & Co. v. EpsteinSupreme Court of Georgia · 1891
  4. McLauchlin v. McLauchlinSupreme Court of Georgia · 1907

3Cited by16 opinions

  1. BEA Systems, Inc. v. WebMethods, Inc.Court of Appeals of Georgia · 2004
  2. Agri-Cycle LLC v. CouchSupreme Court of Georgia · 2008
  3. Kilgore v. PaschallSupreme Court of Georgia · 1947
  4. Davis v. StarkSupreme Court of Georgia · 1944
  5. Jacobs v. RittenbaumSupreme Court of Georgia · 1942

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