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Smith v. Board of Commissioners

194 S.E.2d 98, 229 Ga. 689, 1972 Ga. LEXIS 736
Supreme Court of Georgia·Decided November 9, 1972·No. 27400·Published

Opinion

Hawes, Justice.

The complaint in this case sought a permanent injunction to restrain the board of commissioners from issuing a liquor license to a named individual. No temporary restraining order was sought or granted. Upon the trial of the issues before the trial judge, it appeared without dispute that the defendants had issued the license. It is axiomatic that where a single act sought -to be enjoined has been accomplished, it is not error for the trial court to refuse to grant the injunction. Fisher v. Ga. Vitrified Brick &c. Co., 121 Ga. 621 (49 SE 679); Graham v. Phinizy, 204 Ga. 638, 649 (51 SE2d 451); Johnson v. Dixon, 218 Ga. 446 (128 SE2d 332); Johnston v. McEntyre, 218 Ga. 793 (130 SE2d 711); Washington v. Widener, 220 Ga. 614 (140 SE2d 837). The trial judge did not err in refusing to grant the injunction.

Judgment affirmed.

All the Justices concur.

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Smith v. Board of Commissioners, 194 S.E.2d 98, 229 Ga. 689, 1972 Ga. LEXIS 736 (Ga. 1972).

194 S.E.2d 98 (Smith v. Board of Commissioners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Johnston v. McEntyre
130 S.E.2d 711 (Supreme Court of Georgia, 1963)
Washington v. Widener
140 S.E.2d 837 (Supreme Court of Georgia, 1965)
Graham v. Phinizy
51 S.E.2d 451 (Supreme Court of Georgia, 1949)
Fisher v. Georgia Vitrified Brick & Clay Co.
49 S.E. 679 (Supreme Court of Georgia, 1905)
Johnson v. Dixon
128 S.E.2d 332 (Supreme Court of Georgia, 1962)