Kile v. Thompson

Decided August 15, 1858

Supreme Court of Georgia · decided 1858-08-15

Motion to set aside verdict, and for new trial, in Fulton county. Tried before Judge Burl, April Term, 1858. Pending an action of ejectment, William Kile, tenant in possession of a certain lot in the city of Atlanta, filed, on the 9th July, 1857, a bill for relief, discovery and injunction, against Joseph Thompson, adm’r, et al. Said bill was sanctioned, enjoining said action of ejectment, and a copy served personally upon the defendant, Thompson, 2d September, 1857.

Cited by 1 later decisions — most recently May 1980

1 state decisions

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Decided 1858-08-15

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¶1By the Court.

Lumpkin J.

¶2delivering the opinion.

¶3We see no reason for setting aside the verdict in this case. Let it stand. Still, no attempt should be made, under the circumstances, to enforce it, until a final hearing under the bill, unless the Chancellor should, in the mean time, dissolve the injunction. In many cases, it would be better to suffer common law cases to progress to judgment before the injunction operates. It would prevent conflicting liens from being acquired, which would thereby obtain a priority to which they are not entitled, on account of the improper delay resulting from an injunction which should not have been granted.

¶4Judgment affirmed.