Robinson v. Georgia Power Company

Supreme Court of Georgia

Robinson v. Georgia Power Company

17 S.E.2d 55, 193 Ga. 51, 1941 Ga. LEXIS 566

CourtSupreme Court of Georgia

DecidedOctober 16, 1941

Docket13885.

StatusPublished

Cited by2 cases

This text of 17 S.E.2d 55 (Robinson v. Georgia Power Company) 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

Robinson v. Georgia Power Company, 17 S.E.2d 55, 193 Ga. 51, 1941 Ga. LEXIS 566 (Ga. 1941).

Pincite

Opinion

Duckworth, Justice.

The plaintiffs prayed for injunction and for damages to realty. The defendant demurred on the ground that the petition did not state facts sufficient to authorize the grant of injunctive or other equitable relief. After reciting that the petition prayed for full and permanent damages to the land by reason of the alleged trespass, the judge in his order stated: “It is ordered that the within and foregoing demurrer is hereby sustained, and all equitable relief sought is hereby stricken from the petition.” The plaintiffs excepted to this order. Held, that the writ of error must be dismissed, the bill of exceptions having been prematurely sued out, the only ruling complained of not being one which finally disposed of the case, and there being no reason why the plaintiffs could not protect their rights by exceptions pendente lite. Richter v. Macon Gas Co., 144 Ga. 650 (2) (87 S. E. 895) ; Hitchcock v. Hamilton, 184 Ga. 700 (192 S. E. 726) ; Henderson v. Anderson, 188 Ga. 118 (3 S. E. 2d, 97); Mauldin v. Kendrick, 192 Ga. 741 (16 S. E. 2d, 555).

Writ of error dismissed.

All the Justices 'concur, eccoept Atkinson, P. J., disqualified.

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Duckworth, Justice.

The plaintiffs prayed for injunction and for damages to realty. The defendant demurred on the ground that the petition did not state facts sufficient to authorize the grant of injunctive or other equitable relief. After reciting that the petition prayed for full and permanent damages to the land by reason of the alleged trespass, the judge in his order stated: “It is ordered that the within and foregoing demurrer is hereby sustained, and all equitable relief sought is hereby stricken from the petition.” The plaintiffs excepted to this order. Held, that the writ of error must be dismissed, the bill of exceptions having been prematurely sued out, the only ruling complained of not being one which finally disposed of the case, and there being no reason why the plaintiffs could not protect their rights by exceptions pendente lite. Richter v. Macon Gas Co., 144 Ga. 650 (2) (87 S. E. 895) ; Hitchcock v. Hamilton, 184 Ga. 700 (192 S. E. 726) ; Henderson v. Anderson, 188 Ga. 118 (3 S. E. 2d, 97); Mauldin v. Kendrick, 192 Ga. 741 (16 S. E. 2d, 555).

Writ of error dismissed.

All the Justices 'concur, eccoept Atkinson, P. J., disqualified.

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Bluebook (online)

17 S.E.2d 55, 193 Ga. 51, 1941 Ga. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-georgia-power-company-ga-1941.

Opinion

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