Smith v. Lawrence

Supreme Court of Georgia

Smith v. Lawrence

25 S.E.2d 293, 195 Ga. 682, 1943 Ga. LEXIS 545

CourtSupreme Court of Georgia

DecidedApril 13, 1943

Docket14469.

StatusPublished

Cited by2 cases

This text of 25 S.E.2d 293 (Smith v. Lawrence) 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

Smith v. Lawrence, 25 S.E.2d 293, 195 Ga. 682, 1943 Ga. LEXIS 545 (Ga. 1943).

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Opinion

Reid, Chief Justice.

This is an action seeking injunctive relief against R. H. Lawrence as superintendent of Georgia State' Prison, *683 Louie Clark as State superintendent of farms, and Ii. E. Laramore, an employee of the Georgia State prison, and is before this court by bill of exceptions assigning error upon the trial court’s refusal to grant injunction upon interlocutory hearing. Attorneys for defendants in error have .filed a motion to dismiss the writ of error, alleging, that defendants Lawrence and Clark are not now occupying these official positions, the former having resigned, and the latter’s term of appointment having expired by operation of law; that defendant Laramore was only an employee of the Georgia State prison, was not in authority, being subject to direction of Lawrence and Clark; and that because of these facts the issue involved had become moot. A rule nisi was issued by this court, and notice thexeof duly given by mail to the attorneys for plaintiffs in error, calling their attention to the motion to dismiss, and ordering- counsel for plaintiffs in error to show cause as to the truth of the allegations in the motion to dismiss, and why the bill of exceptions should not be dismissed for the aforesaid reasons. Since no response has been made to the rule, it will be presumed that the statements made in the motion to dismiss are true; and therefore the issues presented have become moot. The writ of error should be dismissed. Haygood v. Stone, 164 Ga. 734 (139 S. E. 426); Earle v. Muse, 182 Ga. 492 (185 S. E. 799); Felker v. Malcolm, 187 Ga. 628 (1 S. E. 2d, 753).

Writ of error dismissed.

All the Justices concur.

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Reid, Chief Justice.

This is an action seeking injunctive relief against R. H. Lawrence as superintendent of Georgia State' Prison, *683 Louie Clark as State superintendent of farms, and Ii. E. Laramore, an employee of the Georgia State prison, and is before this court by bill of exceptions assigning error upon the trial court’s refusal to grant injunction upon interlocutory hearing. Attorneys for defendants in error have .filed a motion to dismiss the writ of error, alleging, that defendants Lawrence and Clark are not now occupying these official positions, the former having resigned, and the latter’s term of appointment having expired by operation of law; that defendant Laramore was only an employee of the Georgia State prison, was not in authority, being subject to direction of Lawrence and Clark; and that because of these facts the issue involved had become moot. A rule nisi was issued by this court, and notice thexeof duly given by mail to the attorneys for plaintiffs in error, calling their attention to the motion to dismiss, and ordering- counsel for plaintiffs in error to show cause as to the truth of the allegations in the motion to dismiss, and why the bill of exceptions should not be dismissed for the aforesaid reasons. Since no response has been made to the rule, it will be presumed that the statements made in the motion to dismiss are true; and therefore the issues presented have become moot. The writ of error should be dismissed. Haygood v. Stone, 164 Ga. 734 (139 S. E. 426); Earle v. Muse, 182 Ga. 492 (185 S. E. 799); Felker v. Malcolm, 187 Ga. 628 (1 S. E. 2d, 753).

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

25 S.E.2d 293, 195 Ga. 682, 1943 Ga. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-lawrence-ga-1943.

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