Ivey v. City of Rome
Supreme Court of Georgia
Practice in the Supreme Court. An election was held in Bast Borne, by virtue of an act of the General Assembly, to decide whether Bast Borne should be annexed to the City of Borne. Ivey and others filed a petition against the mayor and council of Borne to enjoin them from entering upon the minutes of the city council the reported result of the election, and from declaring by resolution or proclamation East Borne to^ be a part of the City of Borne.
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Practice in the Supreme Court. An election was held in Bast Borne, by virtue of an act of the General Assembly, to decide whether Bast Borne should be annexed to the City of Borne. Ivey and others filed a petition against the mayor and council of Borne to enjoin them from entering upon the minutes of the city council the reported result of the election, and from declaring by resolution or proclamation East Borne to^ be a part of the City of Borne. The petition was returnable to the January term, 1907, of the superior court of Floyd county. The judge refused a restraining order, but granted a…
1Opinion of the Court
¡Evans, J.
1. The refusal of a judge to grant an ad interim restraining order in advance of the time set for a hearing of an application for a temporary injunction is not reviewable. Hollinshead v. Lincolnton, 84 Ga. 590; Mayor of Savannah v. Grayson, 104 Ga. 108; Smith v. Willis, 107 Ga. 793.
2. A decree at chambers dismissing a petition on motion can not be reviewed by a “fast” writ of error. Jordan v. Kelly, 63 Ga. 437.
3. If a bill of exceptions, properly sued out to the Supreme Court to review a final judgment, be docketed as a “fast” writ of error, when in fact it is not such, the case…
2Cases cited6 opinions
- Hollinshead v. Town of LincolntonSupreme Court of Georgia · 1890
- Mayor of Savannah v. GraysonSupreme Court of Georgia · 1898
- Jones v. WarnockSupreme Court of Georgia · 1881
- Smith v. WillisSupreme Court of Georgia · 1899
- Bacon & Sons v. JonesSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grizzel v. GrizzelSupreme Court of Georgia · 1939
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Ivey v. City of RomeSupreme Court of Georgia · 1907
- Kinney v. CrowSupreme Court of Georgia · 1938
- Kennedy v. EdenfieldSupreme Court of Georgia · 1925
5 more not listed; retrieve them via the Exa API.