Montgomery v. Jackson

Decided July 16, 1909

Supreme Court of Georgia · decided 1909-07-16

Injunction. Before Judge Eumsey. Hall superior court. April 15, 1909. The exception was to the grant of an injunction restraining the operation of a skating-rink in an old building situated about 150 yards from the plaintiff’s home.

Relies on Austin v. Augusta Terminal Railway Co. · Gray Lumber Co. v. Gaskin · Holt v. Parsons

Decided 1909-07-16

Lumpkin, J.

¶1While the evidence would have authorized a different finding, under the swOrri pleadings, which were used as evidence, and the other evidence introduced, this court can not say that there was an abuse of discretion in granting the injunction.

¶2Judgment affirmed.

All the Justices concur.W. B. Sloan, for plaintiff in error,

cited, on nuisance: Civil Code, §3861; 20 Ga. 350; 50 Ga. 130; 108 Ga. 680. On estoppel by laches: 118 Ga. 895; 123 Ga. 1; 129 Ga. 557.

J. M. Merritt, contra,

cited Civil Code, §3859; 72 Ga. 172; 122 Ga. 342; 112 Ga. 788; Wood, Nuis. (3ded.) §611; 10 Ohio D. 107; 29 W. Va. 48; 21 Am. & Eng. Ene. L. 695; 42 Ga. 631; 39 Ga. 211; 96 Ga. 425.