139 Ga. 88 | Ga. | 1912
On September 29, 1909, Mrs. S. E. Cunningham brought her petition against S. B. Culpepper, alleging, in substance: that she was the owner of certain land and the crop$ growing thereon; that on the day previous to the bringing of her suit, the defendant entered upon the land and threatened to shoot her employees who were gathering the crop, if they interfered therewith, and thereby so frightened and intimidated them that they discontinued their work; that the crops were ready to be gathered, and would be wasted and destroyed and the plaintiff be greatly damaged thereby, unless the defendant should be enjoined from interfering with her farm laborers in the discharge of their duties; that the defendant, without any right or legal authority and without the consent of the plaintiff, was undertaking to take possession of the land; and that he was insolvent and unable to respond in damages. The plaintiff prayed, among other things, that the defendant be enjoined from threatening and intimidating the farm laborers of the plaintiff, and from moving upon the premises. On the day the petition was brought, the judge granted a temporary restraining order as prayed for, and set a day when the defendant should show cause why an interlocutory injunction should not be granted. On the hearing, the defendant demurred to the petition, and filed an answer thereto. The plaintiff amended her petition by more specifically describing the land, and by setting forth her title to the same, and alleging that the land was cultivated by her croppers during the year 1909. After hearing the evidence, the court granted an injunction as prayed for against the defendant until the final hearing. When the case came on for final trial the defendant insisted on his demurrers, which were overruled, and he filed exceptions pendente lite. It appears from the record that on the trial, “It was agreed by both counsel for plaintiff and defendant that the only issue to be passed on by the jury was as to whether the defendant had interfered with plaintiff, or her lands, or agents, as alleged by her.” Whereupon the judge announced that he would submit that issue only to the jury. There was a verdict in favor of the plaintiff. The defendant’s motion
The other grounds of the motion were equally without merit. On the sole issue submitted to the jury by consent, the evidence was ample to authorize, if indeed not to demand, the verdict rendered.
Judgment affirmed.