50 S.E.2d 9 | Ga. | 1948
Where, as in this case, the sole relief sought is the grant of an injunction mandatory in its nature, it is not error to sustain a general demurrer to the petition.
The Code, § 55-110, provides: "An injunction may only restrain; it may not compel a party to perform an act. It may restrain until performance." In construing this section of the Code, it has been held by this court that the trial court may grant an order, "the essential nature of which is to restrain, although in yielding obedience to the restraint the defendant may incidentally be compelled to perform some act." Goodrich v.Ga. R. Banking Co.,
If the petition could be construed as seeking an injunction against the excavation complained of, it comes too late, since an "injunction will not be granted to restrain acts already completed." Shurley v. Black,
The court did not err in sustaining the general demurrer to the petition.
Judgment affirmed. All the Justices concur, except Bell, J.,absent on account of illness.