Head v. Crouch

Supreme Court of Georgia

Head v. Crouch

63 S.E.2d 647, 207 Ga. 648, 1951 Ga. LEXIS 482

CourtSupreme Court of Georgia

DecidedFebruary 13, 1951

Docket17368

StatusPublished

Cited by5 cases

This text of 63 S.E.2d 647 (Head v. Crouch) 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

Head v. Crouch, 63 S.E.2d 647, 207 Ga. 648, 1951 Ga. LEXIS 482 (Ga. 1951).

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Opinion

Duckworth, Chief Justice.

The undisputed evidence, showing that the petition to enjoin the maintenance of obstructions in an area designated more than 20 years previously by the common grantor as a street was not filed until the obstructions, which were two dwelling houses, were completed — although the petitioners knew that they were being built — ■ shows such a lack of diligence as will, irrespective of any legal rights, deny to the petitioner any relief in equity. Dulin v. Caldwell, 28 Ga. 117; Southern Marble Co. v. Darnell, 94 Ga. 232 (21 S. E. 531); Holt v. Parsons, 118 Ga. 895 (45 S. E. 690); City of Marietta v. Dobbins, 150 Ga. 422 (104 S. E. 444); Whipkey v. Turner, 206 Ga. 410 (57 S. E. 2d, 481). The exception here is to the directed verdict in favor of the defendants, and is without merit.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The undisputed evidence, showing that the petition to enjoin the maintenance of obstructions in an area designated more than 20 years previously by the common grantor as a street was not filed until the obstructions, which were two dwelling houses, were completed — although the petitioners knew that they were being built — ■ shows such a lack of diligence as will, irrespective of any legal rights, deny to the petitioner any relief in equity. Dulin v. Caldwell, 28 Ga. 117; Southern Marble Co. v. Darnell, 94 Ga. 232 (21 S. E. 531); Holt v. Parsons, 118 Ga. 895 (45 S. E. 690); City of Marietta v. Dobbins, 150 Ga. 422 (104 S. E. 444); Whipkey v. Turner, 206 Ga. 410 (57 S. E. 2d, 481). The exception here is to the directed verdict in favor of the defendants, and is without merit.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

63 S.E.2d 647, 207 Ga. 648, 1951 Ga. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/head-v-crouch-ga-1951.

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