HORTON v. HARVEY

22088, 22089.

219 Ga. 265 (1963)

133 S.E.2d 35

HORTON v. HARVEY; and vice versa.

Supreme Court of Georgia.

Decided October 10, 1963.


Attorney(s) appearing for the Case

W. Glenn Thomas, Albert E. Butler, for plaintiff in error.

Ronald F. Adams, contra.


HEAD, Presiding Justice.

1. The trial court erred in overruling the general demurrers of the defendant. "The office of an injunction being, under the code of this State, merely to restrain and not to compel the performance of an act, this remedy is not available for the purpose of evicting a party from the actual possession of land, the right to which is in dispute between himself and another; and consequently such a result...

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