Johnson v. Tanner
Supreme Court of Georgia
Petition for injunction. Before Judge Eawlings. Johnson superior court. April 28, 1906. The petition alleged: On February 21, 1905, a stock-law-election was held in the 1201st district G. M., Johnson county, wherein, the plaintiff and the defendant reside.
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Petition for injunction. Before Judge Eawlings. Johnson superior court. April 28, 1906. The petition alleged: On February 21, 1905, a stock-law-election was held in the 1201st district G. M., Johnson county, wherein, the plaintiff and the defendant reside. The result of the election was declared to be in favor of the adoption of the stock law, but the law never went into effect, because the district was not enclosed with a substantial wire fence within six months after the election,, as was required by a provision of the stock law, Nevertheless, after the expiration of the six months, the…
1Opinion of the CourtAtkinson, J.
1. Upon the argument of this ease a motion was made to dismiss the writ of error, upon the ground that the suit sought to be enjoined had been dismissed. The fact of dismissal was not admitted by-opposing counsel, and was denied by the plaintiff in error. Under these circumstances it would be necessary for this court to determine as a matter of fact, from extrinsic evidence, whether or .not the suit had been dismissed, before we could dismiss the bill of exceptions on the *719ground taken. This court is without original jurisdiction, and can neither make the inquiry nor dismiss the bill of…
2Cases cited7 opinions
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Puckett v. YoungSupreme Court of Georgia · 1901
- Garlington v. Davison & FargoSupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nation v. JonesCourt of Appeals of Georgia · 1907
- Horton v. FultonSupreme Court of Georgia · 1908
- West v. ChastainSupreme Court of Georgia · 1938
- Springfield v. FulkSupreme Court of Arkansas · 1910
- Kimzey v. MickelSupreme Court of Georgia · 1940
5 more not listed; retrieve them via the Exa API.