COMMONWEALTH UNITED CORPORATION v. ROTHBERG

23011.

221 Ga. 175 (1965)

143 S.E.2d 741

COMMONWEALTH UNITED CORPORATION v. ROTHBERG, et al.

Supreme Court of Georgia.

Decided July 12, 1965.


Attorney(s) appearing for the Case

Hansell, Post, Brandon & Dorsey, Charles E. Watkins, Jr., Hugh M. Dorsey, Jr., R. W. Crenshaw, Jr., for plaintiff in error.

George G. Finch, Powell, Goldstein, Frazer & Murphy, B. D. Murphy, James N. Frazer, Harold Sheats, Walter W. Aycock, contra.


Cook, Justice.

"The general rule is that an action [at law] will not be enjoined at the instance of one not a party thereto." Stone v. King-Hodgson Co., 140 Ga. 487, 491 (79 SE 122). "Equity will not enjoin the proceedings and processes of a court of law, unless there be some intervening equity or other proper defense of which the party, without fault on his part, cannot avail himself at law." Code § 55-103.

In this case the plaintiff seeks...

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