Supreme Court of Georgia, 1939

Manry v. Stephens

Manry v. Stephens
Supreme Court of Georgia · Decided September 13, 1939 · Grice
188 Ga. 822; 5 S.E.2d 9; 1939 Ga. LEXIS 631

Manry v. Stephens

Opinion of the Court

Grice, Justice.

Where the sole assignment of error relates to the refusal to grant a new trial in a case wherein the petition of the plaintiff sought only to enjoin a sale, and when on the call of the ease for argument in this court it is made to appear, without contradiction, *823that the sale has taken place, the restraining order theretofore passed having been revoked before the sale, and no supersedeas granted, the only question involved has become moot. Samuels v. Lanford, 149 Ga. 167 (99 S. E. 532).

No. 12996. September 13, 1939. Rehearing denied October 13, 1939. J. B. Terrell and B. H. Manry, for plaintiff. Willingham & Willingham, for defendant.

Writ of error dismissed.

All the Justices concur.

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