Town of Adel v. Woodall
Supreme Court of Georgia
Injunction. Before Judge Mitchell. Berrien superior court. December 23, 1904. J, W. F. Woodall, alleging himself to be a resident and taxpayer of tlie Town of Adel, averred and proved that certain citizens of the town had signed a note, and on it borrowed from the Bank of Adel a sum of money which was given to the South Georgia & West Coast Railway Company in order to induce it to bring its line and locate its terminals in the Town of Adel; that the town had already made one…
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Injunction. Before Judge Mitchell. Berrien superior court. December 23, 1904. J, W. F. Woodall, alleging himself to be a resident and taxpayer of tlie Town of Adel, averred and proved that certain citizens of the town had signed a note, and on it borrowed from the Bank of Adel a sum of money which was given to the South Georgia & West Coast Railway Company in order to induce it to bring its line and locate its terminals in the Town of Adel; that the town had already made one payment to the bank on this note and had recently levied an extraordinary tax, the proceeds of which the city…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. On the hearing of an application for the grant of an interlocutory injunction or for the appointment of a receiver, there is a radical departure from some of the elementary principles relating to the admission of evidence. Affidavits are received. The opposite party is not allowed the right of cross-examination. This emphasizes the necessity of receiving only competent testimony. In the reviewing court, however, the question is whether the chancellor abused *538Ms discretion in granting or refusing The prayer for extraordinary relief. If the record shows…
2Cases cited2 opinions
- Blanton v. MerrySupreme Court of Georgia · 1902
- Covington & Macon Railroad v. Mayor of AthensSupreme Court of Georgia · 1890
3Cited by9 opinions
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- Benton v. TurkSupreme Court of Georgia · 1939
- Atlanta Chamber of Commerce v. McRaeSupreme Court of Georgia · 1932
- Thigpen v. BattsSupreme Court of Georgia · 1945
- McCook v. LongSupreme Court of Georgia · 1942
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