Mitchell v. State

Supreme Court of Georgia

Mitchell v. State

57 S.E.2d 586, 206 Ga. 490, 1950 Ga. LEXIS 495

Procedural entryThis page is a short order in Mitchell v. State. Read the opinion of the Court — 202 Ga. 247 →

Supreme Court of Georgia·Decided February 13, 1950·No. No. 16933·Published

Opinion

Hawkins, Justice.

The pleadings, evidence, judgment, and assignments of error, in this case being similar to those in Copeland v. Leathers, 206 Ga. 280 (56 S. E. 2d, 530), the decision of this court in that case is controlling here, and the request to review and overrule that decision is denied. The judgment of the trial court is, therefore, affirmed, with direction that it be modified so as to eliminate the restraint as to the sale by the defendant of the property involved.

Judgment affirmed with direction.

All the Justices concur, except Duck-worth, C. J., and Head, J., who dissent. Wilbur B. Nall and Ralph R. Quillian, for plaintiff. Roy Leathers, Solicitor-General, for defendant.

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Hawkins, Justice.

The pleadings, evidence, judgment, and assignments of error, in this case being similar to those in Copeland v. Leathers, 206 Ga. 280 (56 S. E. 2d, 530), the decision of this court in that case is controlling here, and the request to review and overrule that decision is denied. The judgment of the trial court is, therefore, affirmed, with direction that it be modified so as to eliminate the restraint as to the sale by the defendant of the property involved.

Judgment affirmed with direction.

All the Justices concur, except Duck-worth, C. J., and Head, J., who dissent. Wilbur B. Nall and Ralph R. Quillian, for plaintiff. Roy Leathers, Solicitor-General, for defendant.

Mitchell v. State, 57 S.E.2d 586, 206 Ga. 490, 1950 Ga. LEXIS 495 (Ga. 1950).

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Opinion

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