Mills v. Boyd

Supreme Court of Georgia

Mills v. Boyd

90 S.E. 378, 146 Ga. 60, 1916 Ga. LEXIS 578

CourtSupreme Court of Georgia

DecidedOctober 20, 1916

StatusPublished

Cited by2 cases

This text of 90 S.E. 378 (Mills v. Boyd) 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

Mills v. Boyd, 90 S.E. 378, 146 Ga. 60, 1916 Ga. LEXIS 578 (Ga. 1916).

Pincite

Opinion

Hill, J.

The dissolution of the temporary restraining order at the interlocutory hearing of the application for injunction was in effect a refusal to grant a temporary injunction. Under the evidence the court did not abuse its discretion in refusing the injunction. The grant of a supersedeas conditioned upon the plaintiff giving bond was proper, it being within the court’s equitable authority to fix terms upon which a supersedeas would be granted. Civil Code (1910), § 5502. The fact that [61]*61after refusing the injunction the court put the defendant on terms was not a matter of which the plaintiff can complain.

October 20, 1916.

Petition for injunction. Before Judge Cox. Grady superior court. March 6, 1916.

W. V. Ouster, for plaintiff. T. S. Hawes, for defendants.

Judgment affirmed.

All the Justices concur.

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Hill, J.

The dissolution of the temporary restraining order at the interlocutory hearing of the application for injunction was in effect a refusal to grant a temporary injunction. Under the evidence the court did not abuse its discretion in refusing the injunction. The grant of a supersedeas conditioned upon the plaintiff giving bond was proper, it being within the court’s equitable authority to fix terms upon which a supersedeas would be granted. Civil Code (1910), § 5502. The fact that [61]*61after refusing the injunction the court put the defendant on terms was not a matter of which the plaintiff can complain.

October 20, 1916.

Petition for injunction. Before Judge Cox. Grady superior court. March 6, 1916.

W. V. Ouster, for plaintiff. T. S. Hawes, for defendants.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

90 S.E. 378, 146 Ga. 60, 1916 Ga. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-boyd-ga-1916.

Opinion

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