Wright v. Mayor &C. of Americus

Supreme Court of Georgia

Wright v. Mayor &C. of Americus

80 S.E.2d 167, 210 Ga. 358, 1954 Ga. LEXIS 301

CourtSupreme Court of Georgia

DecidedFebruary 9, 1954

Docket18437

StatusPublished

Cited by1 cases

This text of 80 S.E.2d 167 (Wright v. Mayor &C. of Americus) 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

Wright v. Mayor &C. of Americus, 80 S.E.2d 167, 210 Ga. 358, 1954 Ga. LEXIS 301 (Ga. 1954).

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Opinion

Candler, Justice.

In this case the trial judge refused to grant a temporary-injunction, and the exception is to that judgment only. The original plaintiffs and the intervenors sought an injunction to prevent the construction of a private driveway across a described strip of land fifteen feet wide, title for the land being in dispute between the parties. From the evidence the parties introduced on the interlocutory hearing, it appears without any conflict that the driveway complained of had been completely constructed before this litigation was filed. This being true, refusal to grant the interlocutory injunctive relief sought was not error. Code § 55-110; Georgia Pacific Ry. v. Mayor &c. of Douglasville, 75 Ga. 828; Bigham v. Yundt, 158 Ga. 600 (2) (123 S. E. 870); Shurley v. Black, 156 Ga. 683 (2) (119 S. E. 618); Beid v. McRae, 190 Ga. 323 (2) (9 S. E. 2d 176); Blackwell v. Farrar, 209 Ga. 420 (73 S. E. 2d 203).

Judgment affirmed.

All the Justices concur.

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Candler, Justice.

In this case the trial judge refused to grant a temporary-injunction, and the exception is to that judgment only. The original plaintiffs and the intervenors sought an injunction to prevent the construction of a private driveway across a described strip of land fifteen feet wide, title for the land being in dispute between the parties. From the evidence the parties introduced on the interlocutory hearing, it appears without any conflict that the driveway complained of had been completely constructed before this litigation was filed. This being true, refusal to grant the interlocutory injunctive relief sought was not error. Code § 55-110; Georgia Pacific Ry. v. Mayor &c. of Douglasville, 75 Ga. 828; Bigham v. Yundt, 158 Ga. 600 (2) (123 S. E. 870); Shurley v. Black, 156 Ga. 683 (2) (119 S. E. 618); Beid v. McRae, 190 Ga. 323 (2) (9 S. E. 2d 176); Blackwell v. Farrar, 209 Ga. 420 (73 S. E. 2d 203).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

80 S.E.2d 167, 210 Ga. 358, 1954 Ga. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-mayor-c-of-americus-ga-1954.

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