Parker v. Weaver
Supreme Court of Georgia
Injunction. Before Judge Highsmith. Appling superior court. October 30, 1920. Weaver and Blair sought to enjoin against the sale of their property under executions levied thereon for the purpose of collecting a tax to supplement the school fund paid by the State in Mount Vernon school district, alleging, that at the election held for the purpose of deciding whether a tax for this purpose should be levied two persons voted illegally, one of them not having been a resident of…
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Injunction. Before Judge Highsmith. Appling superior court. October 30, 1920. Weaver and Blair sought to enjoin against the sale of their property under executions levied thereon for the purpose of collecting a tax to supplement the school fund paid by the State in Mount Vernon school district, alleging, that at the election held for the purpose of deciding whether a tax for this purpose should be levied two persons voted illegally, one of them not having been a resident of the district for the length of time required by statute, and the other not having paid his taxes in accordance with the…
1Opinion of the CourtGilbert, J.
1. Where an interlocutory injunction is granted and after-wards the case is voluntarily dismissed by the plaintiff, “ a second injunction may be granted in the discretion of the judge.” Civil Code, *548§ 5498; Cox v. Griffin, 17 Ga. 249. And see Kerr on Injunctions (5th ed.), 679; 22 Cyc. 947; 1 High on Injunctions, § 39. The following cases, where an interlocutory injunction had been refused, are not applicable, the judgment having been rendered in favor of the opposite party. Blizzard V. Nosworthy, 50 Ga. 514; Beckwith v. Blanchard, 79 Ga. 303 (7 S. E. 224) ; Eminent Household v. Thornton, 135…
2Cases cited5 opinions
- Blizzard v. NosworthySupreme Court of Georgia · 1874
- Cox v. Mayor of GriffinSupreme Court of Georgia · 1855
- Eminent Household v. ThorntonSupreme Court of Georgia · 1911
- Beckwith v. BlanchardSupreme Court of Georgia · 1888
- Price v. BrownleeSupreme Court of Georgia · 1916
3Cited by3 opinions
- Whiteley v. DownsSupreme Court of Georgia · 1932
- Clements v. FletcherSupreme Court of Georgia · 1923
- Moody v. WilliamsSupreme Court of Georgia · 1924