Hilltop Apartments, Inc. v. City of Atlanta

Full title: HILLTOP APARTMENTS, INC. v. CITY OF ATLANTA et al

Court: Supreme Court of Georgia

Date published: Sep 8, 1960

116 S.E.2d 233 (Ga. 1960)

116 S.E.2d 233

Opinion

20968.

ARGUED JULY 12, 1960.

DECIDED SEPTEMBER 8, 1960.

Injunction. Fulton Superior Court. Before Judge Wood. May 6, 1960.

Moreton Rolleston, Jr., for plaintiff in error.

J. C. Savage, Newell Edenfield, J. C. Murphy, contra.

ALMAND, Justice.

The sole assignment of error in the bill of exceptions is to the order of the trial judge reciting that, "after hearing evidence and argument of counsel," the petitioner's application for an interlocutory injunction was denied. The bill of exceptions states that the order was entered after hearing evidence and argument of counsel.

The evidence adduced at the trial is neither set out in the bill of exceptions nor attached thereto as an exhibit nor included in the record. Without such evidence this court cannot determine whether the trial court erred or abused its discretion in refusing an interlocutory injunction and its judgment will be affirmed. Voyles v. Federal Land Bank of Columbia, 173 Ga. 844 ( 162 S.E. 106); Dozier v. Dozier, 194 Ga. 268 ( 21 S.E.2d 655).

Judgment affirmed. All the Justices concur.

ARGUED JULY 12, 1960 — DECIDED SEPTEMBER 8, 1960.