Espey v. Village of North Atlanta

Supreme Court of Georgia

Espey v. Village of North Atlanta

128 S.E.2d 489, 218 Ga. 429, 1962 Ga. LEXIS 521

CourtSupreme Court of Georgia

DecidedOctober 10, 1962

Docket21819

StatusPublished

Cited by2 cases

This text of 128 S.E.2d 489 (Espey v. Village of North Atlanta) 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

Espey v. Village of North Atlanta, 128 S.E.2d 489, 218 Ga. 429, 1962 Ga. LEXIS 521 (Ga. 1962).

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Opinion

Grice, Justice.

It appearing from statements made in oral argument before this court that, since the sustaining of the general demurrer to the petition and the denial of the only relief sought, to wit, an injunction, the defendants have done all that was sought to be enjoined, and no supersedeas having been granted, all issues have thus become moot; therefore, the writ of error is dismissed. Carlton v. Seaboard Air-Line B., 139 Ga. 692 (77 SE 1128).

Writ of error dismissed.

All the Justices concur, except Head, P. J., who dissents. William F. Lozier, for plaintiffs in error. T. B. Higdon, McCready Johnston, contra.

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Grice, Justice.

It appearing from statements made in oral argument before this court that, since the sustaining of the general demurrer to the petition and the denial of the only relief sought, to wit, an injunction, the defendants have done all that was sought to be enjoined, and no supersedeas having been granted, all issues have thus become moot; therefore, the writ of error is dismissed. Carlton v. Seaboard Air-Line B., 139 Ga. 692 (77 SE 1128).

Writ of error dismissed.

All the Justices concur, except Head, P. J., who dissents. William F. Lozier, for plaintiffs in error. T. B. Higdon, McCready Johnston, contra.

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Bluebook (online)

128 S.E.2d 489, 218 Ga. 429, 1962 Ga. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/espey-v-village-of-north-atlanta-ga-1962.

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