Selders v. Brown
Selders v. Brown
Opinion of the Court
1. The petition alleged a state of facts which entitled the petitioner to a hearing. The court erred in refusing to grant a rule nisi, and in refusing an injunction without a hearing.
2. The Civil Code (1910), § 5501, authorizes the grant of an injunction immediately and prior to a hearing, whenever “it is manifest . . from the sworn allegations in the bill, or the affidavit of a competent person, that the injury apprehended will be done if an immediate remedy is not afforded.”
3, According to previous rulings of this court a judgment denying an injunction and a refusal of an order requiring the defendant to show cause has been treated as a judgment upon which a direct bill of exceptions to this court could be based. Connally v. Morrison, 140 Ga. 492, 494 (79 S. E. 119), and cit.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.