Trainer v. City of Covington

Supreme Court of Georgia

Trainer v. City of Covington

138 S.E.2d 170, 220 Ga. 228, 1964 Ga. LEXIS 498

CourtSupreme Court of Georgia

DecidedSeptember 11, 1964

Docket22564

StatusPublished

Cited by2 cases

This text of 138 S.E.2d 170 (Trainer v. City of Covington) 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

Trainer v. City of Covington, 138 S.E.2d 170, 220 Ga. 228, 1964 Ga. LEXIS 498 (Ga. 1964).

Pincite

Opinion

Mobley, Justice.

Where, as here, the sole ground giving this court jurisdiction is the prayer seeking to enjoin the per *229 formance of a contract, and it appearing from oral statements of counsel made in oral argument before this court that the contract has been fully performed, the question of injunction is moot, and this court is without jurisdiction. Pickett v. Georgia, Fla. &c. R. Co., 214 Ga. 263 (104 SE2d 450); Lorenz v. DeKalb County, 215 Ga. 731 (113 SE2d 404); Espey v. Village of North Atlanta, 218 Ga. 429 (128 SE2d 489); Woods v. State of Ga., 219 Ga. 503 (133 SE2d 865); Douglas-Guardian Warehouse Corp. v. Todd, 212 Ga. 791 (96 SE2d 275).

Argued July 13, 1964 Decided September 11, 1964. Ballard & Thigpen, Troy R. Thigpen, Jr., for plaintiffs in error. Greeley Ellis, Reuben M. Tuck, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Mobley, Justice.

Where, as here, the sole ground giving this court jurisdiction is the prayer seeking to enjoin the per *229 formance of a contract, and it appearing from oral statements of counsel made in oral argument before this court that the contract has been fully performed, the question of injunction is moot, and this court is without jurisdiction. Pickett v. Georgia, Fla. &c. R. Co., 214 Ga. 263 (104 SE2d 450); Lorenz v. DeKalb County, 215 Ga. 731 (113 SE2d 404); Espey v. Village of North Atlanta, 218 Ga. 429 (128 SE2d 489); Woods v. State of Ga., 219 Ga. 503 (133 SE2d 865); Douglas-Guardian Warehouse Corp. v. Todd, 212 Ga. 791 (96 SE2d 275).

Argued July 13, 1964 Decided September 11, 1964. Ballard & Thigpen, Troy R. Thigpen, Jr., for plaintiffs in error. Greeley Ellis, Reuben M. Tuck, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

138 S.E.2d 170, 220 Ga. 228, 1964 Ga. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trainer-v-city-of-covington-ga-1964.

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