Peek v. McKinney
Supreme Court of Georgia
Injunction and receiver. Before Judge Fite. Whitfield superior court. February 14, 1910. L. F. McKinney filed a petition for injunction, alleging, that he had bought from J. A. Farnsworth a certain farm upon which a dairy business was being carried on, together with all rights, members, and Appurtenances thereunto belonging, including a lot of feed-stuff for cattle and stock; and asked that the court decree title to all of this property to be in the petitioner, that W. A.…
Read the full summary
Injunction and receiver. Before Judge Fite. Whitfield superior court. February 14, 1910. L. F. McKinney filed a petition for injunction, alleging, that he had bought from J. A. Farnsworth a certain farm upon which a dairy business was being carried on, together with all rights, members, and Appurtenances thereunto belonging, including a lot of feed-stuff for cattle and stock; and asked that the court decree title to all of this property to be in the petitioner, that W. A. Peek, who was in possession of the property, be enjoined from remaining on or coming about said place, that the property…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The order-granted in this case, in regard to important and material issues, is clearly, in its nature, final, and coj|Jd have properly been granted only upon a final hearing; it was not competent for the court to finally dispose of such issues upon the interlocutory hearing. And *433inasmuch as those portions of the order and judgment of the court which are objectionable on the ground first stated are so interwoven with the other portions of the injunctive order passed which are interlocutory in their nature that the latter can not be separated from the…
2Cited by2 opinions
- Justice v. WarnerSupreme Court of Georgia · 1934
- Scott v. Flint River Pecan Co.Supreme Court of Georgia · 1925