10 Ga. 576 | Ga. | 1851
By the Court.
delivering the opinion.
The bill contains a charge of trespass by entering repeatedly upon the lands of the plaintiff, and throwing down his fences, so that stock of all kinds had access to the fields, and destroyed the growing crops thereon ; that that portion of the plantation which is more immediately exposed, is sown down in wheat, for the purpose of raising food for the support of plaintiff’s family, and the loss of which, it is alleged, would subject the plaintiff to great inconvenience and irreparable injury.
Chancellor Kent, in the leading case upon the subject, of Jerome vs. Ross, (7 Johns. Ch. R. 314,) puts the identical case under consideration, as one which will be left to pecuniary compensation. He says: “a troublesome man may harass his
Believing therefore, as we do, that the peculiar circumstances disclosed in this bill do not warrant, much less imperatively demand, the conservative remedy which is invoked by the plaintiff, we cannot sustain the injunction. Had it been stated thatthere was an orchard of fruit trees, or of mulberries for the feeding of the silk worm, which was exposed to the depredation of the stock let into this plantation by reason of the trespass complained of, our conclusion might have been different.
It is the opinion of this Court, that the Circuit Judge erred in overruling the motion to dissolve the injunction; and that the judgment below be reversed, upon the ground that the trespass complained of, was not of such a character as to authorize the interposition of a Court of Equity, to restrain its commission.