Supreme Court of Georgia, 1921

Bostick v. Godwin

Bostick v. Godwin
Supreme Court of Georgia · Decided May 13, 1921 · Gilbert
151 Ga. 559; 107 S.E. 585; 1921 Ga. LEXIS 329

Bostick v. Godwin

Opinion of the Court

Gilbert, J.

1. Where, on the interlocutory hearing, during but before final adjournment of the appearance term, of an application for injunction, the plaintiff interposed a demurrer to the answer of the defendant, and the court “ declined to pass upon the demurrer but duly considered the same along with the whole case,” such refusal to pass upon the demurrer separately was not error.

2. On conflicting evidence the court did not abuse its discretion in refusing to grant an interlocutory injunction.

Judgment affirmed,.

All the Justices concur.

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