Haney v. Sheppard

Duckworth, Chief Justice.

That equity will not take cognizance of plain legal rights where an adequate and complete remedy is provided by law (Code, § 37-120) is the universal rule and is not here questioned, but there are certain decisions of this court which, on casual reading, tend to indicate that equity will entertain jurisdiction to enjoin the maintenance of an obstruction of a highway as a nuisance, notwithstanding the legal remedy provided under Chapter 72-2 of the Code. The first of such decisions was Russell v. Napier, 80 Ga. 77 (4 S. E. 857). But as pointed out in Campbell v. Deal,…