Kirtland v. Mayor of Macon
Supreme Court of Georgia
Practice in the Supreme Court. In junction. Lis pen-dens. Before Judge Simmons. Bibb Superior Court. April Term, 1879. Kirtland applied for an injunction against The Mayor, etc., of Macon to restrain the city from making a deed to Mrs. S. A. Strohecker, to a 40 feet encroachment on Spring street, with privilege to place buildings thereon. She alleged that the defendant had no right under its charter and ordinances to grant such permanent encroachment.
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Practice in the Supreme Court. In junction. Lis pen-dens. Before Judge Simmons. Bibb Superior Court. April Term, 1879. Kirtland applied for an injunction against The Mayor, etc., of Macon to restrain the city from making a deed to Mrs. S. A. Strohecker, to a 40 feet encroachment on Spring street, with privilege to place buildings thereon. She alleged that the defendant had no right under its charter and ordinances to grant such permanent encroachment. That the said grant would cause special damage to complainant property, which adjoined the the property of Mrs. Strohecker, to the amount of…
1Opinion of the Court
Bleckley, Justice.
1. The motion to dismiss the writ of error must be denied. The theory of the motion is, that there being no restraining order or other obstacle to the making of the deed and the deed having been lawfully made after the bill of exceptions was signed, the mischief sought to be prevented by the injunction prayed for has been accomplished, and, therefore, that a reversal of the judgment denying the injunction would be fruitless. This court .knows nothing of *750the making of the deed from the record before it, or from the bill of exceptions. The fact is verified alone by an…
2Cases cited1 opinion
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