Hill, J.
1. The petition set out a cause of action, and the court erred in sustaining the general demurrer. Kirkpatrick v. Holland, 148 Ga. 708.
2. It does not appear from the face of the petition that the plaintiff was . . guilty of such laches as that he was barred of recovery.
Judgment reversed on the main bill of exceptions, and affirmed on the cross-bill.
Injunctions, 32 C. J. p. 70, n. 47; p. 87, n. 7; p. 319, n. 31; p. 341, n. 3.
All the Justices concur.
The defendant demurred on the following grounds: (l)The petition does not state a cause of action. (2) It is insufficient in law and in equity. (3) It does not show any legal or equitable ground for the relief sought therein. (4) There is nó equity shown in the petition, because of the laches therein disclosed. The court passed the following order: “Being of the opinion that the petition in the above-stated case sets forth acause of action and alleges facts on which the injunction should be granted and the equitable relief allowed as prayed, but for the laches of plaintiff in filing said petition and praying for the relief sought, the demurrer is overruled on all the other grounds and sustained only upon the ground of the laches shown in said petittion.” To this judgment the plaintiff excepted. The defendant by cross-bill excepted to the order, “in so far as it failed to sustain the demurrer on all the grounds set out therein.”
Hewlett & Dennis and E. W. Fountain, for plaintiff.
Underwood & Haas and E. 8myth Gambrell, for defendants.