Jenkins v. Jenkins
Supreme Court of Georgia
Injunction. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Theresa Jenkins filed her petition against Josie Jenkins, alias Josie Cristler, and John B. Jenkins, making the following allegations: On June 27, 1887, petitioner filed in Fulton superior court her application for injunction and receiver against the defendants, incorporating in the application a prayer for permanent alimony against John B., to be made chargeable on the premises…
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Injunction. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Theresa Jenkins filed her petition against Josie Jenkins, alias Josie Cristler, and John B. Jenkins, making the following allegations: On June 27, 1887, petitioner filed in Fulton superior court her application for injunction and receiver against the defendants, incorporating in the application a prayer for permanent alimony against John B., to be made chargeable on the premises described in the application. ' A temporary restraining order was granted, and afterwards an injunction. On September 12,1888,…
1Opinion of the Court
Simmons, Justice.
There was no error in granting the injunction in this case. The plaintiff in error has no right to complain of the injunction. All the matters which she sets out in her claim, and in her answer to this petition, have been fully adjudicated against her, and she has no right to deprive the defendant in error of the fruits of the decree in the original bill by setting up a claim and attempting to renew the litigation adjudicated in the original bill. The judge of the superior court, if in term, should call the claim case and dismiss it, and allow the execution to proceed, unless…
2Cited by2 opinions
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