Shockley v. Garner

Head, Justice.

The only allegations in the petition which might give a court of equity jurisdiction to grant an injunction were that the defendant was insolvent, and that the petitioner would be irreparably injured. No evidence was produced at the interlocutory hearing to support either allegation.

“On the question of irreparable damage in a suit for injunction to prevent trespass upon realty, the sworn allegations of the petition may be considered as evidence at the interlocutory hearing.” Atlantic Coast Line R. Co. v. Gunn, 185 Ga. 108, 111 (194 S. E. 365). The allegation of irreparable…