Georgia Southwestern & Gulf Railroad v. Georgia-Alabama Power Co.

1. In a suit for damages and to enjoin a continuing nuisance, where the defendant’s answer raised several issues of fact on which evidence was introduced at an interlocutory hearing, a bill of exceptions assigning error on the judgment refusing to enjoin tern*173porarily the alleged nuisance, in which it is stated that the judgment was based on the sole ground that “ the injunction prayed for would be mandatory in its nature, and no injunction can be granted plaintiff which is not mandatory,” and that as to all other matters he held with the plaintiff, and the bill of exceptions states that “ no…