Wingard v. Tift
Supreme Court of Georgia
In Equity, from Dougherty county, decision by Judge Allen, at Chambers, 13th Oct., 1857. Motion to dissolve injunction on the coming in of the answer.
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In Equity, from Dougherty county, decision by Judge Allen, at Chambers, 13th Oct., 1857. Motion to dissolve injunction on the coming in of the answer. This bill was filed by Tift, in which he stated that Re was the owner of lot 324 on Flint River, at Albany, and that his right extended to the centre of the stream; that he was also the owner of the ferry on lot 323. He states that the defendant, Wingard, was in the course of erecting a dam and fish traps for the purpose of catching fish in the river, which dam extended from the bank of the river, belonging to the complainant, and across the…
1Opinion of the Court
Benning J.
By the Court. delivering the opinion.
Ought the Court to have dissolved the injunction ?
This depends upon, whether the equity of the bill, had been sworn off by the answer.
The answer says: “that some time during the year 1849, complainant granted and gave to defendant, and one Jesse Floyd, the right and privileges of putting into the waters of Flint river, on his pretended soil and bed of said stream, and lying opposite said lot of land, 324, as many fish traps, as defendant and said Floyd desired, without regard to the number thereof, kind, or manner of locating them, asking and…
2Cited by4 opinions
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- Pinkstaff v. SteffyIllinois Supreme Court · 1905
- Duinneen v. RichWisconsin Supreme Court · 1868