Supreme Court of Georgia, 1899

Wilcox v. City of Elberton

Wilcox v. City of Elberton
Supreme Court of Georgia · Decided July 24, 1899 · Simmons
108 Ga. 799; 33 S.E. 981; 1899 Ga. LEXIS 438
Wilcox v. City of Elberton

Cases that cite this one

15 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

Under the facts disclosed by the record, the court did not abuse its discretion in refusing the injunction prayed for. It was error, however, to dismiss the petition on the interlocutory hearing for a temporary injunction, no demurrer having been filed thereto. Gullatt v. Thrasher, 42 Ga. 429. Direction is accordingly given that the case he reinstated. Judgment affirmed, with direction.

All the Justices concurring.

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