Shobkov v. Pennington
Shobkov v. Pennington
Opinion of the Court
The petition does not allege any trespass by the defendant upon any lands claimed by the petitioner, and no facts are alleged to show how or in what manner the defendant stopped the petitioner from the cultivation of his lands. No facts are alleged to show irreparable damages, and none are alleged to show why a court of equity should take jurisdiction in order to avoid a multiplicity of actions. It is not alleged that the defendant is insolvent. The petition failed to state a cause of action for any equitable relief, and the court properly sustained the general demurrers thereto. Code §§ 37-120, 55-104; Smith v. Wood, 186 Ga. 214 (197 SE 246); Imperial Hotel Co. v. Martin, 199 Ga. 801, 804 (35 SE2d 502); Reeves v. DuVal, 214 Ga. 630 (2) (106 SE2d 797); Carmichael v. Tucker, 214 Ga. 725 (107 SE2d 829).
Judgment affirmed.
Dennys Shobkov filed a petition for equitable relief against C. M. Pennington. It was alleged: The petitioner is the owner of described lands except 2% acres adjoining branch, described as follows: “Beginning at a point on said branch and running thence N 76% E 8.18 to a stake; thence S 16% E 2.70 to a stake; thence S 60% W 4.47 to a stake; thence N 57 W 5.50 to a stake.” The defendant is the owner of the lands excepted in the description of the petitioner’s lands. The petitioner has plowed and made ready for planting “approximately five acres located adj acent to and on the south and east sides of the lands
The defendant’s general demurrers to the petition were sustained, and the exception is to this judgment.
Reference
- Full Case Name
- SHOBKOV v. PENNINGTON
- Status
- Published