Legal Opinion

Powell v. Waits

Supreme Court of Georgia

Decided February 13, 1918No. 314PublishedCited by 1 opinion

Equitable petition. Before Judge Pendleton. Fulton superior court. April 11, 1917. W. E. Waits brought his petition against G. B. Powell, A. E. Calhoun, and Lowry Arnold, in which he sought injunctive and other equitable relief.

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Equitable petition. Before Judge Pendleton. Fulton superior court. April 11, 1917. W. E. Waits brought his petition against G. B. Powell, A. E. Calhoun, and Lowry Arnold, in which he sought injunctive and other equitable relief. He alleged, in substance, that he had, with the consent of certain trustees of a church, built a house for camping purpose upon a part of the land belonging to the trustees as such; and that at certain times of the year a camp-méeting was held upon other parts of this property owned by the church. During the camp-meeting held at said place in the year 1915 the…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. The plaintiff’s petition showed no cause for the grant of equitable relief and injunction. As a general rule, equity will not interfere by injunction to restrain a trespass, unless the injury be irreparable in damages, or the trespasser is insolvent, or there exist other circumstances which, in the discretion of the court, render the interposition of the writ necessary and proper, among which circumstances are to be considered the avoidance of circuity and multiplicity of actions. Civil Code, § 5493. “A person in possession under color of title, or in…

2Cases cited1 opinion

  1. Flannery & Co. v. HightowerSupreme Court of Georgia · 1895

3Cited by1 opinion

  1. Day v. KelleySupreme Court of Georgia · 1963

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