Legal Opinion

Florida Central Railroad v. Cherokee Sawmill Co.

Supreme Court of Georgia

Decided March 14, 1912PublishedCited by 14 opinions

Injunction. Before Judge Thomas. Thomas superior court. March 14, 1911. The Florida Central Railroad Company and the Cherokee Sawmill Company entered into a written contract the body of which was as follows: “This agreement made and entered into upon this the 15th day of January, 1908, between the Florida Central Railroad Companj'-; party of the first part, and the Cherokee Sawmill Company, party of the second part, both of the said parties being corporations respectively…

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Injunction. Before Judge Thomas. Thomas superior court. March 14, 1911. The Florida Central Railroad Company and the Cherokee Sawmill Company entered into a written contract the body of which was as follows: “This agreement made and entered into upon this the 15th day of January, 1908, between the Florida Central Railroad Companj'-; party of the first part, and the Cherokee Sawmill Company, party of the second part, both of the said parties being corporations respectively chartered under the laws of this State, witnessed, first, that the party of the second part has [is] hereby given the…

1Opinion of the CourtLumpkin, J.

In the main, there was no error, or abuse of discretion, on the part of the presiding judge in granting an interlocutory injunction in part, but not to the full extent desired. He sought to preserve the status and to protect the parties until the final hearing. The evidence on vital points in the case was conflicting. Each party alleged that the contract was valuable to it, but'they differed about its construction, and each claimed that the *821other was violating it. While the interstate-commerce law was invoked, it was not so much to attack the entire contract as to deny a certain construction…

2Cases cited3 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Bleyer v. Blum & Co.Supreme Court of Georgia · 1883
  3. Payton v. FordSupreme Court of Georgia · 1910

3Cited by14 opinions

  1. Kniepkamp v. RichardsSupreme Court of Georgia · 1941
  2. Asa G. Candler Inc. v. Georgia Theater Co.Supreme Court of Georgia · 1918
  3. Burns v. HaleSupreme Court of Georgia · 1926
  4. Kight v. GilliardSupreme Court of Georgia · 1958
  5. City of Waycross v. Waycross Savings & Trust Co.Supreme Court of Georgia · 1916

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