Tierce v. Davis

Court of Appeals of Georgia

Tierce v. Davis

172 S.E.2d 488, 121 Ga. App. 31, 1970 Ga. App. LEXIS 1086

CourtCourt of Appeals of Georgia

DecidedJanuary 16, 1970

Docket44959

StatusPublished

Cited by3 cases

This text of 172 S.E.2d 488 (Tierce v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tierce v. Davis, 172 S.E.2d 488, 121 Ga. App. 31, 1970 Ga. App. LEXIS 1086 (Ga. Ct. App. 1970).

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Opinion

Eberhakdt, Judge.

A supermarket and its manager brought suit against the Sheriff of Gordon County and the District Attorney of the Cherokee Judicial Circuit seeking a declaratory judgment that a sales promotion program being operated by them was not in violation of the lottery laws, and for injunctive relief pending the adjudication. The trial court ruled that the program was illegal and denied relief, and plaintiffs appealed to the Supreme Court. That court transferred the appeal here. Tierce v. Davis, 225 Ga. 574 (170 SE2d 228). Held:

It appears that the sheriff swore out and served a warrant upon the manager and that the district attorney has commenced action to prosecute him. Since the alleged criminal activity has already occurred, the court did not err in denying the relief sought. Clark v. Karrh, 223 Ga. 851 (159 SE2d 75). While the trial court placed its ruling upon the ground that the activity was illegal, a matter as to which we express no opinion, a judgment right for any reason will *32 be affirmed by the appellate courts. Hill v. Willis, 224 Ga. 263, 267 (161 SE2d 281).

Submitted January 8, 1970 Decided January 16, 1970. Harry T. Lawrence, for appellants. David N. Vaughn, Jr., District Attorney, for appellees.

Judgment affirmed.

Jordan, P. J., and Pannell, J., concur.

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Eberhakdt, Judge.

A supermarket and its manager brought suit against the Sheriff of Gordon County and the District Attorney of the Cherokee Judicial Circuit seeking a declaratory judgment that a sales promotion program being operated by them was not in violation of the lottery laws, and for injunctive relief pending the adjudication. The trial court ruled that the program was illegal and denied relief, and plaintiffs appealed to the Supreme Court. That court transferred the appeal here. Tierce v. Davis, 225 Ga. 574 (170 SE2d 228). Held:

It appears that the sheriff swore out and served a warrant upon the manager and that the district attorney has commenced action to prosecute him. Since the alleged criminal activity has already occurred, the court did not err in denying the relief sought. Clark v. Karrh, 223 Ga. 851 (159 SE2d 75). While the trial court placed its ruling upon the ground that the activity was illegal, a matter as to which we express no opinion, a judgment right for any reason will *32 be affirmed by the appellate courts. Hill v. Willis, 224 Ga. 263, 267 (161 SE2d 281).

Submitted January 8, 1970 Decided January 16, 1970. Harry T. Lawrence, for appellants. David N. Vaughn, Jr., District Attorney, for appellees.

Judgment affirmed.

Jordan, P. J., and Pannell, J., concur.

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Bluebook (online)

172 S.E.2d 488, 121 Ga. App. 31, 1970 Ga. App. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tierce-v-davis-gactapp-1970.

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