Selders v. Brown

Supreme Court of Georgia

Selders v. Brown

154 S.E. 877, 171 Ga. 214, 1930 Ga. LEXIS 314

CourtSupreme Court of Georgia

DecidedSeptember 20, 1930

DocketNo. 7542

StatusPublished

This text of 154 S.E. 877 (Selders v. Brown) 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

Selders v. Brown, 154 S.E. 877, 171 Ga. 214, 1930 Ga. LEXIS 314 (Ga. 1930).

Pincite

Opinion

Per Curiam.

1. The petition alleged a state of facts which entitled the petitioner to a hearing. The court erred in refusing to grant a rule nisi, and in refusing an injunction without a hearing.

2. The Civil Code (1910), § 5501, authorizes the grant of an injunction immediately and prior to a hearing, whenever “it is manifest . . from the sworn allegations in the bill, or the affidavit of a competent person, that the injury apprehended will be done if an immediate remedy is not afforded.”

3, According to previous rulings of this court a judgment denying an injunction and a refusal of an order requiring the defendant to show cause has been treated as a judgment upon which a direct bill of exceptions to this court could be based. Connally v. Morrison, 140 Ga. 492, 494 (79 S. E. 119), and cit.

Judgment reversed.

All the Justices concur. Joseph M. Lang, for plaintiff.

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