In all suits brought for the recovery of damages resulting from any nuisance, and the finding that the matter complained of is a nuisance, the court exercising a sound discretion may immediately, upon petition of plaintiff, order or decline to order the nuisance to be abated.
Code 1858, § 3403 (deriv. Acts 1851-1852, ch. 146, § 2); Acts 1901, ch. 139, § 1; Shan., § 5158; Code 1932, § 9314; T.C.A. (orig. ed.), § 23-315.