Supreme Court of Georgia, 1905

Phillips v. Dubignon

Supreme Court of Georgia · Decided May 12, 1905 · Simmons

123 Ga. 17; 50 S.E. 928; 1905 Ga. LEXIS 362

Cases that cite this one

1 later published case cites this decision.

Delta Air Corporation v. Kersey (Ga. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

Under the peculiar facts of this case the judge did not abuse his discretion in modifying the injunction prayed for by the plaintiff, so as to give the defendants time to extend the sewer and abate the nuisance, instead of ordering that the sewer be closed at once, which would have probably caused the college to be closed on account of the health of the students.

Judgment affirmed.

All the Justices concur, except Gaudier, J., absent.

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