Johnson v. Stewart
Supreme Court of Georgia
Bill of Exceptions. Equity Practice. Before Judge Clark. Lee county. Chambers. August, 1869. Stewart, as guardian of a female minor, filed his bill against Johnson, and upon the facts averred therein, prayed the Chancellor for an injunction against Johnson’s selling certain land and notes therein mentioned, and that said property be put into the possession of a Eeceiver, etc.
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Bill of Exceptions. Equity Practice. Before Judge Clark. Lee county. Chambers. August, 1869. Stewart, as guardian of a female minor, filed his bill against Johnson, and upon the facts averred therein, prayed the Chancellor for an injunction against Johnson’s selling certain land and notes therein mentioned, and that said property be put into the possession of a Eeceiver, etc. On the 26th of August, 1869, the Chancellor ordered subpoena and injunction to issud, and appointed a Eeceiver to take charge of, and control and manage said property as prayed for. On the 3d of September, 1869, without…
1Opinion of the CourtWarner, J.
There was no motion made before the Judge to dissolve the injunction upon notice to the opposite party, as required by the 3151st section of the Code. The .granting of the ex parte order by the Judge for an injunction was not such a judgment, decision or decree of a Judge, heard at Chambers, as entitles the defendant to except to the same, and bring it before this Court by writ of error, under the provisions of the 4192d section of the Code.
Let the writ of error be dismissed.
2Cited by3 opinions
- Temple Baptist Church v. Georgia Terminal Co.Supreme Court of Georgia · 1907
- Smith v. WillisSupreme Court of Georgia · 1899
- Sparks v. MaxwellSupreme Court of Georgia · 1870