City of Atlanta v. Conkle

Supreme Court of Georgia

City of Atlanta v. Conkle

141 S.E. 200, 165 Ga. 449, 1928 Ga. LEXIS 7

CourtSupreme Court of Georgia

DecidedJanuary 11, 1928

DocketNo. 5828

StatusPublished

This text of 141 S.E. 200 (City of Atlanta v. Conkle) 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.

Bluebook

City of Atlanta v. Conkle, 141 S.E. 200, 165 Ga. 449, 1928 Ga. LEXIS 7 (Ga. 1928).

Pincite

Opinion

Russell, C. J.

In applications for interlocutory injunctions, the judge of the superior court is a trior, and his discretion in adjudicating the weight and credibility of the testimony will not be interfered with unless there is a manifest abuse of discretion. In the instant ease the evidence was in conflict as to whether the line of pipe which had been laid by the city could be used as a sewer, in the absence of any water connection, the latter fact being admitted. Under these circumstances there was no abuse of discretion in granting a temporary injunction restraining the collection of the sewerage assessment until the sewer had been completed.

Judgment affirmed.

All the Justices concur, except Beck, P. J., and Atkinson, J., dissenting.

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Russell, C. J.

In applications for interlocutory injunctions, the judge of the superior court is a trior, and his discretion in adjudicating the weight and credibility of the testimony will not be interfered with unless there is a manifest abuse of discretion. In the instant ease the evidence was in conflict as to whether the line of pipe which had been laid by the city could be used as a sewer, in the absence of any water connection, the latter fact being admitted. Under these circumstances there was no abuse of discretion in granting a temporary injunction restraining the collection of the sewerage assessment until the sewer had been completed.

Judgment affirmed.

All the Justices concur, except Beck, P. J., and Atkinson, J., dissenting.

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Bluebook (online)

141 S.E. 200, 165 Ga. 449, 1928 Ga. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-atlanta-v-conkle-ga-1928.