Supreme Court of Georgia, 1890

Ivey v. Georgia Southern & Florida Railroad

Ivey v. Georgia Southern & Florida Railroad
Supreme Court of Georgia · Decided January 31, 1890 · Bleckley
84 Ga. 536; 11 S.E. 128

Ivey v. Georgia Southern & Florida Railroad

Opinion of the Court

Bleckley, C. J.

The evidence before the judge as to whether the' property of the plaintiffs would be damaged being conflicting, and. the decided preponderance thereof being that no actual damage-would be sustained, the judge did not abuse his discretion in denying a temporary injunction, more especially as he required bond and security to be given to cover the contingency of any recovery in the suit. If damages are established at the'trial, they may be' recovered under the prayer for general relief. Judgment affirmed.

Simmons, J , not presiding, because of sickness.

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