History
  • No items yet
midpage
McArthur v. Thompson
111 S.E. 371
Ga.
1922
Check Treatment
Gilbert, J.

On an interlocutory hearing of an equitable petit-ion to enjoin the cutting of timber to which the plaintiffs claimed title, the order of the court provided that the temporary restraining order previously granted be dissolved on condition that the defendant make and execute a bond conditioned to pay the plaintiff whatever sum he might eventually recover against' defendant, and on failure to make such bond that the interlocutory injunction prayed for be granted.

(а) A proper construction of such order is that the interlocutory injunction be granted unless the defendant give the bond specified.

(б) As the court decided that the plaintiff was entitled to an injunction because the damages would be irreparable, it was error to grant it upon condition of the failure of the defendant to give the bond required. Stewart v. Davis-Sears Lumber Co., 132 Ga. 205 (63 S. E. 817), and authorities cited.

■Judgment reversed.

All the Justices eoneur, except Fish, O. J., absent because of richness.

Case Details

Case Name: McArthur v. Thompson
Court Name: Supreme Court of Georgia
Date Published: Mar 18, 1922
Citation: 111 S.E. 371
Docket Number: No. 2820
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.