Gillis v. Hilton & Dodge Lumber Co.
Supreme Court of Georgia
Equitable petition. Before Judge Smith. Montgomery superior court. November 14, 1900. A demurrer to the petition of Gillis to enjoin the Hilton and Dodge Lumber Company from cutting and removing timber from a land lot, and for the recovery of damages for acts of trespass alleged to have been committed on the land, was sustained, and the plaintiff excepted.
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Equitable petition. Before Judge Smith. Montgomery superior court. November 14, 1900. A demurrer to the petition of Gillis to enjoin the Hilton and Dodge Lumber Company from cutting and removing timber from a land lot, and for the recovery of damages for acts of trespass alleged to have been committed on the land, was sustained, and the plaintiff excepted. The grounds of the demurrer were: that no cause of action was stated; that the petition did not show the residence of the defendant; that it did not show perfect title in the plaintiff; that there was not attached to it an abstract of the…
1Opinion of the CourtCobb, J.
1. The allegations of the petition were sufficient to authorize a recovery by the plaintiff against the defendant for the acts of trespass referred to therein, and, as against a general demurrer, the petition set forth a cause of action.
2. It is indispensably necessary in an application by the owner of timber, for an injunction to prevent the cutting thereof, that the applicant should allege at least one of three things: that he has a perfect title either to the timber or the land on which it is situated, within the meaning of Civil Code, § 4927, attaching to his petition the abstract of the…
2Cases cited3 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Jenkins Bros. v. CarmenSupreme Court of Georgia · 1900
3Cited by15 opinions
- Christiansen v. RobertsonSupreme Court of Georgia · 1976
- Burns v. HorkanSupreme Court of Georgia · 1906
- Tuggle v. Enterprise Lumber Co.Supreme Court of Georgia · 1905
- Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
- Sullivan v. GinsbergSupreme Court of Georgia · 1935
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