Griffin v. Augusta & Knoxville Railroad
Supreme Court of Georgia
Practice in Superior Court, Equity. Demurrer. Railroads. Judicial Cognizance. Before Judge Roney. Columbia Superior Court.
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Practice in Superior Court, Equity. Demurrer. Railroads. Judicial Cognizance. Before Judge Roney. Columbia Superior Court. September Term, 1883. Mrs. Griffin filed her bill, alleging that the Augusta & Knoxville Railroad had taken a strip of land, running across her plantation some two and one-half miles in length, had constructed its road on this strip, had taken timber for cross-ties, had dug earth for cuts and embankments, leaving pits in which the water became stagnant, causing miasma, injuring the drainage, etc.; that the company was insolvent, had defaulted in the payment of the…
1Opinion of the Court
Hall, Justice.
1. This case was before the court, February term. 1883i opon, a writ of error sued out because of the refusal of the *426injunction prayed, and we then affirmed the judgment, holding, in effect, that there was no equity in the bill, and that the complainant had an adequate common law remedy.
2. It seems that, at the return term of the bill, the defendant demurred to it on both these grounds, but neglected to give notice of the filing of the demurrer to the opposite party. For want of such notice, a motion was made, at the trial term, to dismiss the demurrer, which was overruled by…
2Cases cited1 opinion
- Gammage v. Georgia Southern RailroadSupreme Court of Georgia · 1880
3Cited by20 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Mayor of Waycross v. HoukSupreme Court of Georgia · 1901
- Christopher v. ChristopherSupreme Court of Georgia · 1944
- Byrne Realty Co. v. South Florida Farms Co.Supreme Court of Florida · 1921
- Petty v. City of AtlantaCourt of Appeals of Georgia · 1929
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