Supreme Court of Georgia, 1912

West v. Shackelford

Supreme Court of Georgia · Decided May 15, 1912 · Atkinson

138 Ga. 163; 74 S.E. 1079; 1912 Ga. LEXIS 241

Cases that cite this one

5 later published cases cite this decision.

Hutchins v. Howard (Ga. 1956)
Hutchins v. Howard (Ga. 1955)
Pope v. United States Fidelity & Guaranty Co. (Ga. 1942)
Tift v. Atlantic Coast Line Railroad (Ga. 1925)
Prater v. Barge (Ga. 1913)

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

Atkinson, J.

1. When a judgment refusing an interlocutory injunction is brought to the Supreme Court for review, the trial judge is authorized to grant a supersedeas upon such terms as may by him be deemed necessary to preserve the rights of the parties until the judgment of the Supreme Court can be had. Civil Code, § 5502; Stokes v. Stokes, 126 Ga. 804 (55 S. E. 1023). It is left, however, in the sound legal discretion of the judge to grant or refuse it. See Savannah, Florida *164& Western Ry. Co. v. Postal Telegraph-Cable Co., 113 Ga. 916 (39 S. E. 399).

May 15, 1912.

This writ of error was upon the refusal of a supersedeas in the case next preceding.

2. The judge did not abuse his discretion in refusing to grant a supersedeas in this case. Judgment affirmed.

All the Justices concur.

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