Ellis & Palmer v. James A. Jones & Co.
Supreme Court of Georgia
Injunction. Contracts. Before Judge Wright. Mitchell County. At Chambers, January 31, 1876. Ellis & Palmer filed their bill against Jones & Company, in which they alleged that they had purchased the defendants’ stock of merchandise, consisting of dry goods, groceries, etc., their store-house containing the same, their custom, good will and right to do business in the town of Camilla, in the county of Mitchell, for the sum of $7,500 00; that said defendant, in violation of…
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Injunction. Contracts. Before Judge Wright. Mitchell County. At Chambers, January 31, 1876. Ellis & Palmer filed their bill against Jones & Company, in which they alleged that they had purchased the defendants’ stock of merchandise, consisting of dry goods, groceries, etc., their store-house containing the same, their custom, good will and right to do business in the town of Camilla, in the county of Mitchell, for the sum of $7,500 00; that said defendant, in violation of said contract, had recommenced the same business within twenty-four feet of their old stand, and if allowed to proceed…
1Opinion of the Court
Bleckley, Judge.
The judge below, on the bill, answer and affidavits, refused the injunction prayed for. In so doing he exercised the discretion with which he is invested by law, and we do not perceive that he abused it. The case was rather vague, and the’ judge might have well supposed that there was not that full degree of certainty in the facts which would demand his interposition by the remedy of injunction. If he had .ruled the other way, we should not have reversed him, nor shall we reverse what he did rule. It does not appear that he held the contract alleged in the bill to be' invalid…
2Cited by4 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Legg v. HoodSupreme Court of Georgia · 1922
- Carroll v. GilesSupreme Court of South Carolina · 1889