Nacoochee Hydraulic Mining Co. v. Davis
Supreme Court of Georgia
Supersedeas. Mandamus Nisi, to compel Certificate of Bill of Exceptions, etc. The Nacoochee Hydraulic Mining Company filed a bill for injunction, etc., against one Dean, returnable to May Term, 1869, of said Court. It was sanctioned, injunction was issued and served. The defendant answered the bill, and at the trial term, the cause was continued by complainant.
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Supersedeas. Mandamus Nisi, to compel Certificate of Bill of Exceptions, etc. The Nacoochee Hydraulic Mining Company filed a bill for injunction, etc., against one Dean, returnable to May Term, 1869, of said Court. It was sanctioned, injunction was issued and served. The defendant answered the bill, and at the trial term, the cause was continued by complainant. Then Dean moved to.dissolve said injunction, upon the grounds hereinafter mentioned.' At the hearing, affidavits were read in support of the'bill, and of the answer, these affidavits being conflicting as to the facts connected with the…
1Opinion of the Court
Brown, C. J.,
in graüting the rule nisi remarked : In this case the Hydraulic Mining Company filed a bill in White Superior Court against J. R. Dean, Jr., the allegations in which are not necessary to be here stated. Upon an ex parte application made to the Hon., Charles D. Davis, Judge of the Superior Courts of said Circuit, he granted an injunction against Dean, the defendant. Some time after this ex parte order granting the injunction, the ten days’ notice required by the statute was given,-and a motion was made to dissolve the inj unction. After having heard the parties for and against the…
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