Harrison v. Brooks

Decided June 15, 1856

Supreme Court of Georgia · decided 1856-06-15

In Equity, in Randolph Superior Court. Decided by Judge Kiddoo, at Chambers, February 25th, 1856. This was a bill filed by William. H. Brooks against William Harrison.

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Decided 1856-06-15

How this case has been cited

Cited by 14 later decisions — most recently November 1946

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3[1.] We think the true rule in such cases is this, namely: that injunctions will only be granted to restrain nuisances, in *544cases of absolute necessity, in which the evil sought to be-prevented is not only probable, but certain and inevitable.

¶4Moreover, it will be less disposed to interfere, where the-apprehended mischief is to follow from such establishments- and erections as have a tendency to promote the public convenienee. (2 Ir. Eq. Rep. 199; Pick. Rep. 376; Daniel’s Ch. Pr. note p. 1850.)

¶5Testing this case by this rule, we think there can be no-doubt but that if the carriage house and stables were extended as was contemplated, and the establishment properly kept, that instead of being certain that the stables would be a nuisance, the probability is that it would not be.