71 Ga. 296 | Ga. | 1883
This was a bill to restrain a trespass, which consisted in the continued and permanent diversion of a stream running through complainant’s land through a ditch opened by the defendants. The bill set forth that the damage
A demurrer was filed to this bill in the lower court, and sustained upon the grounds following :
(1.) Because it did not show any cause of action against defendants, or any title to relief.
(2.) For want of equity.
(3.) Because complainant had an adequate remedy at ■ law.
(4.) Because the bill was multifarious in joining the defendants, between whom no combination or concert of ' action was charged.
(5.) Because complainant has referred in the bill to various suits in equity and decrees, and has failed to attach exhibits of the same to his bill. Error is assigned to the decree dismissing this bill.
Judgment reversed.