Espey v. Village of North Atlanta

Full title: ESPEY et al. v. VILLAGE OF NORTH ATLANTA et al

Court: Supreme Court of Georgia

Date published: Oct 10, 1962

128 S.E.2d 489 (Ga. 1962)

128 S.E.2d 489

Opinion

21819.

ARGUED OCTOBER 9, 1962.

DECIDED OCTOBER 10, 1962. REHEARING DENIED OCTOBER 22, 1962.

Injunction. DeKalb Superior Court. Before Judge Hubert.

William F. Lozier, for plaintiffs in error.

T. B. Higdon, McCready Johnston, contra.

GRICE, Justice.

It appearing from statements made in oral argument before this court that, since the sustaining of the general demurrer to the petition and the denial of the only relief sought, to wit, an injunction, the defendants have done all that was sought to be enjoined, and no supersedeas having been granted, all issues have thus become moot; therefore, the writ of error is dismissed. Carlton v. Seaboard Air-Line R., 139 Ga. 692 ( 77 S.E. 1128).

Writ of error dismissed. All the Justices concur, except Head, P. J., who dissents.

ARGUED OCTOBER 9, 1962 — DECIDED OCTOBER 10, 1962 — REHEARING DENIED OCTOBER 22, 1962.