Swindell & Co. v. Saddler
Supreme Court of Georgia
Injunction. Before Judge Spence. Decatur superior court. October 17, 1904. Saddler sought to enjoin Swindell & Company from cutting timber on a tract of land alleged to be his property. He did not allege that the defendants were insolvent, or that the damages would be irreparable, but apparently relied upon the perfect paper title prescribed by the Civil Code, §4927, as the basis of an action to enjoin the cutting of timber.
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Injunction. Before Judge Spence. Decatur superior court. October 17, 1904. Saddler sought to enjoin Swindell & Company from cutting timber on a tract of land alleged to be his property. He did not allege that the defendants were insolvent, or that the damages would be irreparable, but apparently relied upon the perfect paper title prescribed by the Civil Code, §4927, as the basis of an action to enjoin the cutting of timber. The abstract of title attached to his petition was, in so far as the purposes of this suit are concerned, defective, in that parol evidence was necessary to show that one…
1Opinion of the CourtCandler, J.
(After stating the foregoing facts.) 1. Under the liberal law now of force in this State in regard to the allowance of amendments, and the liberal construction of that law by this court, we are not prepared to hold that the amendments to the petition which were allowed over the objection of the defendants set up a new and distinct cause of action. “ Relatively to the law of pleading, a cause of action is some particular right of the plaintiff against the defendant, together with some definite violation of that right.” City of Columbus v. Anglin, 120 Ga. 785 (4). In the present case, the…
2Cases cited2 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Perkins Lumber Co. v. WilkinsonSupreme Court of Georgia · 1903
3Cited by1 opinion
- Eagle & Phenix Mills v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1907