Supreme Court of Georgia, 1954

Wright v. Mayor &C. of Americus

Wright v. Mayor &C. of Americus
Supreme Court of Georgia · Decided February 9, 1954 · Candler
80 S.E.2d 167; 210 Ga. 358; 1954 Ga. LEXIS 301 (South Eastern Reporter, Second Series)

Wright v. Mayor &C. of Americus

Opinion

Candler, Justice.

In this case the trial judge refused to grant a temporary-injunction, and the exception is to that judgment only. The original plaintiffs and the intervenors sought an injunction to prevent the construction of a private driveway across a described strip of land fifteen feet wide, title for the land being in dispute between the parties. From the evidence the parties introduced on the interlocutory hearing, it appears without any conflict that the driveway complained of had been completely constructed before this litigation was filed. This being true, refusal to grant the interlocutory injunctive relief sought was not error. Code § 55-110; Georgia Pacific Ry. v. Mayor &c. of Douglasville, 75 Ga. 828; Bigham v. Yundt, 158 Ga. 600 (2) (123 S. E. 870); Shurley v. Black, 156 Ga. 683 (2) (119 S. E. 618); Beid v. McRae, 190 Ga. 323 (2) (9 S. E. 2d 176); Blackwell v. Farrar, 209 Ga. 420 (73 S. E. 2d 203).

Judgment affirmed.

All the Justices concur.

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