Legal Opinion

Stribbling v. Georgia Railway & Power Co.

Supreme Court of Georgia

Decided April 16, 1913PublishedCited by 14 opinions

Petition for injunction. Before Judge Jones. Habersham superior court. August 3, 1912. ' Stribbling and others filed a petition against the Georgia Railway and Power Company, alleging in substance as follows: As tenants in common they are the owners of four acres of land (described) in Habersham county, upon which they have located a manufacturing plant consisting of a grist-mill, planing-mill, sawmill,- and crate factory, together with lumber-yards and buildings necessary…

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Petition for injunction. Before Judge Jones. Habersham superior court. August 3, 1912. ' Stribbling and others filed a petition against the Georgia Railway and Power Company, alleging in substance as follows: As tenants in common they are the owners of four acres of land (described) in Habersham county, upon which they have located a manufacturing plant consisting of a grist-mill, planing-mill, sawmill,- and crate factory, together with lumber-yards and buildings necessary for the carrying on of their business. The mills and factory are in actual operation, grinding grits for the public, and…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1. The motion to dismiss the writ of error, on the ground that since the injunction was refused, and with no supersedeas granted, evérything has been done against which injunction was prayed, must be denied. The rule on this subject is clearly stated in Tuells v. Torras, 113 Ga. 691 (39 S. E. 455), thus: “If the judge refuses to grant an injunction to prevent the commission of a given act, and the refusal to grant the injunction is brought to this court, no supersedeas of the judgment having been obtained, and it appears to the satisfaction of the court, by…

2Cases cited8 opinions

  1. Tuells v. TorrasSupreme Court of Georgia · 1901
  2. Frank v. City of AtlantaSupreme Court of Georgia · 1884
  3. Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
  4. Young v. McKenzieSupreme Court of Georgia · 1847
  5. Justices of the Inferior Court v. Griffin & West Point Plankroad Co.Supreme Court of Georgia · 1851

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Childs v. CatlinCourt of Appeals of Georgia · 1975
  2. Loomis v. StateCourt of Appeals of Georgia · 1948
  3. Ballard v. WaitesSupreme Court of Georgia · 1942
  4. Watson v. Elberton-Elbert County Hospital AuthoritySupreme Court of Georgia · 1972
  5. Baumann v. SniderCourt of Appeals of Georgia · 2000

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