Washington v. Widener

Supreme Court of Georgia

Washington v. Widener

140 S.E.2d 837, 220 Ga. 614, 1965 Ga. LEXIS 573

CourtSupreme Court of Georgia

DecidedFebruary 4, 1965

Docket22773

StatusPublished

Cited by3 cases

This text of 140 S.E.2d 837 (Washington v. Widener) 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

Washington v. Widener, 140 S.E.2d 837, 220 Ga. 614, 1965 Ga. LEXIS 573 (Ga. 1965).

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Opinion

Quillian, Justice.

Justine W. Washington instituted an equitable action against the members of the Board of Commissioners of Roads and Revenues, the clerk of such board and the Ordinary of Richmond County in the Richmond Superior Court praying that the county commissioners be enjoined from appropriating any moneys for the holding of an election for members of the county board of education and that the ordinary be enjoined from holding the election on November 3, 1964. The judge of the superior court denied a temporary *615 injunction as to all the officials named as defendants in the case. The only assignment of error is that this judgment was contraiy to law. There was no supersedeas and counsel for the plaintiff in error admits in argument here that the election has been held.

Argued January 11, 1965 Decided February 4, 1965. Ruffin & Watkins, J. H. Ruffin, Jr., for plaintiff in error. Franklin H. Pierce, Cong don & Holley, William P. Cong don, contra.

Hence, it appears that all of the acts against which a temporary injunction was prayed have been consummated and the question as to whether the temporary injunction should have been granted is moot. Griffin v. Grantham, 220 Ga. 474 (139 SE2d 398), and cases therein cited. In this situation there is no question for decision by this court.

Writ of error dismissed.

All the Justices concur.

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Quillian, Justice.

Justine W. Washington instituted an equitable action against the members of the Board of Commissioners of Roads and Revenues, the clerk of such board and the Ordinary of Richmond County in the Richmond Superior Court praying that the county commissioners be enjoined from appropriating any moneys for the holding of an election for members of the county board of education and that the ordinary be enjoined from holding the election on November 3, 1964. The judge of the superior court denied a temporary *615 injunction as to all the officials named as defendants in the case. The only assignment of error is that this judgment was contraiy to law. There was no supersedeas and counsel for the plaintiff in error admits in argument here that the election has been held.

Argued January 11, 1965 Decided February 4, 1965. Ruffin & Watkins, J. H. Ruffin, Jr., for plaintiff in error. Franklin H. Pierce, Cong don & Holley, William P. Cong don, contra.

Hence, it appears that all of the acts against which a temporary injunction was prayed have been consummated and the question as to whether the temporary injunction should have been granted is moot. Griffin v. Grantham, 220 Ga. 474 (139 SE2d 398), and cases therein cited. In this situation there is no question for decision by this court.

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

140 S.E.2d 837, 220 Ga. 614, 1965 Ga. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-widener-ga-1965.

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