Cassidy v. Howard
Supreme Court of Georgia
Injunction. Before Judge Mathews. Bibb superior court. August 1, 1913. On July 17, 1913, J. R. Howard and a number of others brought an equitable petition returnable to the superior court of Bibb county, against Ed Cassidy. The allegations of the petition are in effect as follows: Petitioners are citizens of Bibb county.
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Injunction. Before Judge Mathews. Bibb superior court. August 1, 1913. On July 17, 1913, J. R. Howard and a number of others brought an equitable petition returnable to the superior court of Bibb county, against Ed Cassidy. The allegations of the petition are in effect as follows: Petitioners are citizens of Bibb county. At No. 210 Cotton Avenue in the city of Macon, said county, there is a place commonly known as a “blind tiger,” where spirituous, malt, and intoxicating liquors are sold in violation of law, and the same is a nuisance. “Said nuisance is carried on by Ed Cassidy, . the…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. The judge did not, in view of the circumstances of the case, err in permitting the witnesses to testify orally in behalf of the plaintiffs on the interlocutory hearing, over the objections made by the defendant. In Chattanooga &c. Ry. Co. v. Morrison, 140 Ga. 769 (79 S. E. 903), it was held: “While generally at the hearing of an application for an interlocutory injunction the testimony is introduced by means of affidavits, the rule is not inflexible; and when witnesses are present, without objection on their part, for 'the purpose of testifying, the…
2Cases cited3 opinions
- Thompson v. Simmons & Co.Supreme Court of Georgia · 1913
- Chattanooga & Chicamauga Interurban Railway Co. v. MorrisonSupreme Court of Georgia · 1913
- Legg v. AndersonSupreme Court of Georgia · 1902
3Cited by5 opinions
- Cassidy v. WileySupreme Court of Georgia · 1914
- Local Union No. 3871 v. FortnerSupreme Court of Georgia · 1947
- Davis v. State Ex Rel. LanhamSupreme Court of Georgia · 1945
- Holtman v. KnowlesSupreme Court of Georgia · 1914
- Fox v. Avis Rent-A-Car Systems, Inc.Supreme Court of Georgia · 1967