Legal Opinion

Fletcher v. Fletcher

Supreme Court of Georgia

Decided June 15, 1905PublishedCited by 11 opinions

Equitable petition. Before Judge Mitchell. Berrien superior court. September 22, 1904.

1Opinion of the CourtLumpicin, J.

1. The Civil Code, § 4927, provides for applying for an injunction against cutting timber, in certain cases and upon certain conditions therein stated, without the necessity for alleging or proving insolvency of the defendant or the irreparable nature of the damages which will result. But where this section is not relied on, and the plaintiff seeks to enjoin the commission of a trespass on the ground that the defendant is insolvent and the damages will be irreparable, the requirement of that section, that the •plaintiff shall attach an abstract of his title, has no application.

Argued May 23,…

2Cases cited2 opinions

  1. Williamson v. WhiteSupreme Court of Georgia · 1897
  2. Yonn v. PittmanSupreme Court of Georgia · 1889

3Cited by11 opinions

  1. Downing v. AndersonSupreme Court of Georgia · 1906
  2. Chancey v. JohnsonSupreme Court of Georgia · 1918
  3. Gray v. BradfordSupreme Court of Georgia · 1942
  4. Virginia Highland Associates v. AllenCourt of Appeals of Georgia · 1985
  5. Ehrlich v. TeagueSupreme Court of Georgia · 1952

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