Baxter & Co. v. Mattox
Supreme Court of Georgia
Injunction. Before Judge Sweat. Clinch superior court.. August 13, 1898. Petition by W. H. Mattox to restrain Baxter & Co. and Barrow from cutting and removing timber from certain lots of land, alleging that the right of the defendants to cut and remove the timber had expired by the terms of limitation in the leases under which they held.
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Injunction. Before Judge Sweat. Clinch superior court.. August 13, 1898. Petition by W. H. Mattox to restrain Baxter & Co. and Barrow from cutting and removing timber from certain lots of land, alleging that the right of the defendants to cut and remove the timber had expired by the terms of limitation in the leases under which they held. Baxter & Co. answered, admitting that they were about to cut and remove the timber, but contending that they were entitled to do so under certain conveyances and a contract hereafter referred to. Barrow was their agent. The-plaintiff claimed title under a…
1Opinion of the CourtLewis, J.
1. It is insisted by counsel for plaintiffs in error that the plaintiff below, in his application for injunction, did not proceed according to the' provisions of § 4927 of the Civil Code; and that, no insolvency of the defendants and no irreparable damages being shown, the injunction should have been denied. It was manifestly the intention on the part of the petitioner to bring his case within the provisions of the section above cited, which declares: “In all applications to enjoin the cutting of timber for sawmill purposes, etc., it shall not be necessary to aver or prove insolvency, or that…
2Cases cited5 opinions
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Rich v. ZeilsdorffWisconsin Supreme Court · 1868
- Johnson v. SimerlySupreme Court of Georgia · 1892
- Barber v. ShafferSupreme Court of Georgia · 1886
3Cited by25 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Herron v. RozelleCourt of Appeals for the Tenth Circuit · 1973
- McLendon Bros. v. FinchCourt of Appeals of Georgia · 1907
- Johnson v. TruittSupreme Court of Georgia · 1905
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