101 Ga. 201 | Ga. | 1897
The plaintiff in error, alleging that he was the owner of lot of land number 49 in a certain district in Lumpkin county, brought a petition for injunction against the defendants, alleging their insolvency, the purpose of the injunction being to restrain them from the commission of a trespass by mining for gold upon said tract of land. A temporary restraining order was granted. Before the date set for the hearing upon the temporary restraining order, the plaintiff presented an ancillary petition, in which he alleged that, notwithstanding the grant of such temporary restraining order, the defendants, in violation of the same, had continued work upon the lot of land in question; and thereupon he prayed that they be attached as for a contempt. Two of the defendants answered. The two others, who were joined as defendants to the bill, appear to have been minor sons and servants acting under the direction of one of the defendants. Summerour, one of the defendants, in his answer and affidavit accompanying it, alleged that the defendants began work in September, 1896, thinking the shaft on which they were working was on an adjoining lot, number 50, which he himself controlled; that he and one Spriggs, another defendant, both worked on the shaft for two months, thinking that they were on lot number 50. He by his answer admitted that the mine is on lot number 49, the property of the plaintiff. He admitted the insolvency of himself and his sons, and the probable insolvency of Spriggs, his
Judgment affirmed, with direction.