149 Ga. 227 | Ga. | 1919
§ 5490. “Equity, by a writ of injunction, may restrain proceedings -in another or the same court, or a threatened or existing tort, or any other act of a private individual, or corporation which is illegal or contrary to equity and good conscience, and for which no adequate remedy is provided at law.”
§ 4538. “Equity will not take cognizance of a plain legal right, where an adequate'and complete remedy is provided by law; but a mere privilege to a party to sue at law, or the existence of a common-law remedy not as complete or effectual as the equitable relief, shall not deprive equity of jurisdiction.”
§ 4519. “Equity jurisdiction is established and allowed for the protection and relief of parties, where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong, or relieving for injuries done.”
§ 3020. “Until majority, it is the duty of the father to provide for the maintenance, protection, and education of his child.”
§ 3025. “Parents and children may mutually protect each other, and justify the defense of the person or reputation of each other.”
In Clark on Equity, § 241, it is said: “When the act of the defendant has consisted of interfering with domestic relations, equitable relief has rarely been given unless a property right was involved.” See also, Bispham’s Equity, 738. In Lyon v. Lyon,
In an article on injuries to personalty, in 29 Harvard Law Review, 668, there is an elaborate discussion and able review of cases on the subject. Among the cases cited is Ex parte Warfield, 40 Tex. Crim. 413 (50 S. W. 933, 76 Am. St. R. 724). In that case it was held that injunction at the instance of a husband (plaintiff) would issue against the defendant, who was alleged to have partially alienated the affections of plaintiff’s wife, to restrain him from visiting or associating with her, going to or near her at a certain house, or interfering with plaintiff’s attempts to communicate with her. In the course of the opinion, it was said: “Now, recurring to the subject-matter of this litigation, as set forth in plaintiff’s petition, we think there can be no question that appellant
The ease under consideration differs on its facts from any case heretofore decided by this court and from any of the cases cited from other States. It in a sense involves both personal and property rights. The father has the right, under the statutes of this State, to protect his minor child, to be protected by her, and to have her reside in his home and with his family to enjoy the com
Judgment affirmed.