Fender v. Hendley

Supreme Court of Georgia

Fender v. Hendley

24 S.E.2d 654, 195 Ga. 498, 1943 Ga. LEXIS 510

CourtSupreme Court of Georgia

DecidedMarch 10, 1943

Docket14454.

StatusPublished

Cited by3 cases

This text of 24 S.E.2d 654 (Fender v. Hendley) 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

Fender v. Hendley, 24 S.E.2d 654, 195 Ga. 498, 1943 Ga. LEXIS 510 (Ga. 1943).

Pincite

Opinion

Grice, Justice.

1. There being no allegation in the petition that the plaintiff is in possession of the land, but on the contrary the petition containing an averment that the defendant therein fails and refuses to yield possession to plaintiff, who is alleged to be the owner thereof, it was erroneous to enjoin the defendant from in any manner interfering with the possession of the plaintiff in and to the land in question, for the reason that the injunctive order was mandatory in its nature, and not within the proper scope of the writ of injunction. Code, § 55-110; Brown v. Toole, 150 Ga. 196 (2) (103 S. E. 226); Cannon v. Montgomery, 18 4 Ga. 588 (3) (192 S. E. 206); Slaughter v. Land, 190 Ga. 491 (2) (9 S. E. 2d, 754); Braswell v. Palmer, 191 Ga. 262 (4) (11 S. E. 2d, 889).

2. Since the foregoing ruling is .controlling, the remaining assignments of error, all of which relate to rulings on the evidence, deal with questions which do not affect the result, and therefore need not be considered.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Grice, Justice.

1. There being no allegation in the petition that the plaintiff is in possession of the land, but on the contrary the petition containing an averment that the defendant therein fails and refuses to yield possession to plaintiff, who is alleged to be the owner thereof, it was erroneous to enjoin the defendant from in any manner interfering with the possession of the plaintiff in and to the land in question, for the reason that the injunctive order was mandatory in its nature, and not within the proper scope of the writ of injunction. Code, § 55-110; Brown v. Toole, 150 Ga. 196 (2) (103 S. E. 226); Cannon v. Montgomery, 18 4 Ga. 588 (3) (192 S. E. 206); Slaughter v. Land, 190 Ga. 491 (2) (9 S. E. 2d, 754); Braswell v. Palmer, 191 Ga. 262 (4) (11 S. E. 2d, 889).

2. Since the foregoing ruling is .controlling, the remaining assignments of error, all of which relate to rulings on the evidence, deal with questions which do not affect the result, and therefore need not be considered.

Judgment reversed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

24 S.E.2d 654, 195 Ga. 498, 1943 Ga. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fender-v-hendley-ga-1943.

Opinion

Related

Cite This Page — Counsel Stack