Cunningham v. Rice

Supreme Court of Georgia

Cunningham v. Rice

28 Ga. 30

CourtSupreme Court of Georgia

DecidedMarch 15, 1859

StatusPublished

Cited by2 cases

This text of 28 Ga. 30 (Cunningham v. Rice) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. Rice, 28 Ga. 30 (Ga. 1859).

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Opinion

[32]*32 By the Court.

Lumpkin J.

delivering the opinion.

In Mygatt et al. vs. Goetchius, (20 Geo. Rep. 350,) this court held that when taking the bill and answer, the structure complained of will not prima facie, constitute a nuisance — the injunction will not be continued; but that the party will proceed at his peril — the whole subject being under the control of the jury at the hearing.

We re-affirm the doctrines of that case, and agree that it fully covers and controls this. Indeed, this is a much weaker case than that.

Judgment reversed.

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[32]*32 By the Court.

Lumpkin J.

delivering the opinion.

In Mygatt et al. vs. Goetchius, (20 Geo. Rep. 350,) this court held that when taking the bill and answer, the structure complained of will not prima facie, constitute a nuisance — the injunction will not be continued; but that the party will proceed at his peril — the whole subject being under the control of the jury at the hearing.

We re-affirm the doctrines of that case, and agree that it fully covers and controls this. Indeed, this is a much weaker case than that.

Judgment reversed.

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Bluebook (online)

28 Ga. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-rice-ga-1859.

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