Insurance Center, Inc. v. Hamilton

Mobley, Justice.(a) The trial court erred in overruling defendant’s general demurrer to plaintiff’s petition. The petition does not state a cause of action for equitable relief as it contains no allegation of facts showing grave danger of impending injury to property rights of the plaintiff. A mere threat or bare fear of such injuiy is not sufficient. Thomas v. Mayor &c. of Savannah, 209 Ga. 866 (3) (76 SE2d 796).

It is well settled by numerous decisions of this court that a bare threat of injury to property, which, if followed up by an overt act would work irreparable injury, offers no basis…