Waldron v. City of Atlanta

Shortly after the argument of this case in this court the defendants filed a motion to dismiss the writ of error. The motion was based upon the ground that the questions involved in the bill of exceptions had become moot, by reason of the fact that the plaintiff did not obtain a supersedeas, and that the work of lowering the railroad-tracks, which the plaintiff sought to enjoin, had been completed by the Brooks-Calloway Company and paid for by the City of Atlanta, and consquently the plaintiff could not possibly derive any benefit from a reversal of the judgment. In answer to the rule nisi…