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134 Ga. 273

Gray v. Guthrie

Supreme Court of Georgia

Decided March 19, 1910

Supreme Court of Georgia · decided 1910-03-19

<p>Injunction. Before Judge Párker. Coffee superior court.</p>

Cited by 3 later decisions — most recently December 1927

3 state decisions

Relies on Loudermilk v. Martin · Wethington v. Baxter & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1910-03-19

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Evans, P. J.

¶11. Independently of the timber cutter’s act (Civil Code, § 4927) the plaintiff made out such a ease at the interlocutory hearing as authorized the grant of a temporary injunction. Loudermilk v. Martin, 130 Ga. 525 (61 S. E. 122).

¶22. Where an equitable petition is filed for the purpose of enjoining the cutting of timber, and on the interlocutory hearing it appears that the plaintiff has title to the timber, and the defendant exhibits no claim of title, and it is shown that the trespass is destructive in character, and if permitted to be continued the value of the plaintiff’s adjacent land will be impaired to such an extent that it will be less marketable, the court does not abuse its discretion in granting an interlocutory injunction without requiring an indemnifying bond of the plaintiff. Wethington v. Baxter, 124 Ga. 1024 (53 S. E. 505).

¶3Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.
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