Supreme Court of Georgia, 1908

Baird v. City of Atlanta

Supreme Court of Georgia · Decided October 13, 1908 · Evans

131 Ga. 451; 62 S.E. 525; 1908 Ga. LEXIS 107

Cases that cite this one

10 later published cases cite this decision.

Henderson v. County Board of Registration & Elections (Ga. 1974)
Van Keuren v. Loomis (Ga. Ct. App. 1973)
Davis House, Inc. v. Mink (Ga. Ct. App. 1967)
COTTON STATES MUTUAL INSURANCE COMPANY v. Tiller (Ga. Ct. App. 1967)
Williams v. State (Ga. 1939)
Arnold v. Arnold (Ga. 1935)
Anway v. Grand Rapids Railway Co. (Mich. 1920)
Tabor v. Hipp (Ga. 1911)
Southern Cement Stone Co. v. Logan Coal & Supply Co. (Ga. 1911)
Gillon v. Johns (Ga. Ct. App. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Evans, P. J.

1. “The court will in no case undertake to pass upon questions presented by a bill of exceptions, where it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in error would derive no benefit from the adjudication.” Davis v. Jasper, 119 Ga. 57 (45 S. E. 724).

2. An equitable petition having been filed to enjoin the City of Atlanta from executing a contract between the municipality and the Wisconsin Engine Company for the purchase of a pumping engine, and it appearing on the call of the case from the statement of counsel for the defendant.in error, made in open court, and from documents exhibited by him, *452that tlie contract, the performance of which was sought to be enjoined, had been duly rescinded and canceled by the parties, which fact was not controverted by the plaintiff in error or his counsel, and from an inspection of the record it appears that no other relief is sought by the plaintiff in error, the writ of error will be dismissed without prejudice, at the cost of the defendant in error. Gallaher v. Schneider, 110 Ga. 322 (35 S. E. 321) ; Garlington v. Davis, 122 Ga. 677 (50 S. E. 667) ; Tuells v. Torras, 113, Ga. 691 (39 S. E. 455).

Argued May 20, Decided October 13, 1908.

Motion to dismiss the writ of error.

J. S. Slicer, for plaintiff. J. L. Mayson and W. P. Hill, for defendant.

Writ of error dismissed.

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.