Swanson v. Kirby
Supreme Court of Georgia
Injunction. Before Judge Lumpkin. Tulton county. The following contract was executed: “Atlanta, Ga., October 1st, 1894. Por and in consideration of the sum of $1,500 I hereby sell and convey to E. E. Kirby my membership No. 19 in the American Ticket Brokers Association; also my fire and burglar-proof safe, desk, typewriter, and all other office fixtures contained in my office at 30 Wall street, this city. I guarantee the above to be free from all incumbrance.
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Injunction. Before Judge Lumpkin. Tulton county. The following contract was executed: “Atlanta, Ga., October 1st, 1894. Por and in consideration of the sum of $1,500 I hereby sell and convey to E. E. Kirby my membership No. 19 in the American Ticket Brokers Association; also my fire and burglar-proof safe, desk, typewriter, and all other office fixtures contained in my office at 30 Wall street, this city. I guarantee the above to be free from all incumbrance. I also agree not to open a ticket office in the city of Atlanta without the consent of the said E. E. Kirby. J. M. Swanson.” In the…
1Opinion of the Court
Lumpkin, Justice.
The principal complaint in the present bill of exceptions is that the trial judge erred in granting an injunction. It alleges, among other things, that so doing was error, (1) “because the petition prayed for injunction and damages at the same time,” and (2) because the evidence did not warrant the injunction. The nature of the case will be gathered from the official report.
1. We do not see why a prayer for the recovery of damages should affect the question of granting an injunction in a given case. Indeed, under the system of pleading which prevails in this State, no good…
2Cases cited3 opinions
- Guerand v. DandeletCourt of Appeals of Maryland · 1870
- Hedge, Elliott & Co. v. LoweSupreme Court of Iowa · 1877
- The Cal. Steam Navigation Co. v. WrightCalifornia Supreme Court · 1856
3Cited by31 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Orkin Ex. Co. Inc., So. Georgia v. DewberrySupreme Court of Georgia · 1949
- Wright v. ScottonSupreme Court of Delaware · 1923
- Hood v. LeggSupreme Court of Georgia · 1925
- Rosen v. WolffSupreme Court of Georgia · 1922
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