Supreme Court of Georgia, 1921

Averett v. Boutwell

Supreme Court of Georgia · Decided February 16, 1921 · Gilbert

151 Ga. 90; 106 S.E. 3; 1921 Ga. LEXIS 161

Cases that cite this one

2 later published cases cite this decision.

Cannon v. Whiddon (Ga. 1942)
Ball v. Moore (Ga. 1935)

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

Gilbert, J.

1. The motion to dismiss the writ of error, because one of the persons named as a defendant in the petition was not made a party plaintiff in error, is without merit. Jones v. Laramore, 149 Ga. 825 (102 S. E. 526).

2. The petitioner having an adequate remedy at law available, the grant of an interlocutory injunction against selling or interfering with the possession of the property was error.

Judgment reversed.

All the Justices concur, except Atkinson, J., who dissents from the ruling in the second headnote.

The defendant in error moved to dismiss the writ of error, because Mrs. Leila Averett, a party to the petition for injunction and substantially interested in the outcome of the case, had not been served with the bill of exceptions, and had not acknowledged or waived service.

Boss & Boss, for plaintiffs in error. Martin & Martin, contra.

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