Sharpley v. Fitzgerald

Supreme Court of Georgia

Sharpley v. Fitzgerald

198 S.E. 255, 186 Ga. 536, 1938 Ga. LEXIS 636

Supreme Court of Georgia·Decided July 15, 1938·No. No. 12372·Published·Cited by 3 cases

Opinions

Pee Cueiam.

Whether or not in the instant equity suit the court should have declined jurisdiction upon the ground that it involved a mere political right, the judgment granting an interlocutory injunction was [537] erroneous, on application of tlie principles this day ruled in Harris v. McMillan, ante, 529.

No. 12372. July 15, 1938. Rehearing denied July 21, 1938. Lawton <& Cunningham and F. P. Mclntvre, for plaintiffs in error. O’Neal & O’Neal and A. L. Alexander, contra.

Judgment reversed.

All the Justices concur, except Bussell, Chief Justice, dissenting.

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Pee Cueiam.

Whether or not in the instant equity suit the court should have declined jurisdiction upon the ground that it involved a mere political right, the judgment granting an interlocutory injunction was [537] erroneous, on application of tlie principles this day ruled in Harris v. McMillan, ante, 529.

No. 12372. July 15, 1938. Rehearing denied July 21, 1938. Lawton <& Cunningham and F. P. Mclntvre, for plaintiffs in error. O’Neal & O’Neal and A. L. Alexander, contra.

Judgment reversed.

All the Justices concur, except Bussell, Chief Justice, dissenting.

Sharpley v. Fitzgerald, 198 S.E. 255, 186 Ga. 536, 1938 Ga. LEXIS 636 (Ga. 1938).

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