Bigham v. Yundt
This text of 123 S.E. 870 (Bigham v. Yundt) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1. “This court will in ho case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in error would derive no benefit from the adjudication.”
2. It appearing that since the refusal of the injunction prayed for in the court below, no supersedeas having been applied for or granted, the defendant has done all that was sought to be enjoined, the writ of error will be dismissed without prejudice. Davis v. Mayor &c. of Jasper, 119 Ga. 57 (45 S. E. 724); Henderson v. Hoppe, 103 Ga. 684, 686 (30 S. E. 653); Fletcher v. Harper, 135 Ga. 404 (69 S. E. 562); Tabor v. Hipp, 136 Ga. 124 (70 S. E. 886, Ann. Cas. 1912C, 246); Clements v. Wilkerson, 151 Ga. 467 (107 S. E. 47); Clower v. Langley, 153 Ga. 154 (111 S. E. 563). Writ of error dismissed.
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Cite This Page — Counsel Stack
123 S.E. 870, 158 Ga. 600, 1924 Ga. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigham-v-yundt-ga-1924.