Straub v. First Mutual Building & Loan Ass'n

Supreme Court of Georgia

Straub v. First Mutual Building & Loan Ass'n

173 S.E. 714, 178 Ga. 672, 1934 Ga. LEXIS 131

Supreme Court of Georgia·Decided March 14, 1934·No. No. 9864·Published·Cited by 4 cases

Opinion

Gilbert, J.

Tlie grounds alleged do not afford equitable jurisdiction to enjoin legal proceedings. The defendant has an adequate remedy by defense to the existing proceedings. Therefore the court did not err in refusing an interlocutory injunction.

Judgment affirmed.

All the Justices concur, except Russell, O'. J., who dissents. Burgess & Dillard, for plaintiff in error. Jones, Fuller, Russell Clapp and J. D. McLamb, contra.

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Gilbert, J.

Tlie grounds alleged do not afford equitable jurisdiction to enjoin legal proceedings. The defendant has an adequate remedy by defense to the existing proceedings. Therefore the court did not err in refusing an interlocutory injunction.

Judgment affirmed.

All the Justices concur, except Russell, O'. J., who dissents. Burgess & Dillard, for plaintiff in error. Jones, Fuller, Russell Clapp and J. D. McLamb, contra.

Straub v. First Mutual Building & Loan Ass'n, 173 S.E. 714, 178 Ga. 672, 1934 Ga. LEXIS 131 (Ga. 1934).

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Opinion

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