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Bigham v. Yundt
158 Ga. 600
Ga.
1924
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Gilbert, J.

1. “This court will in ho case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in error would derive no benefit from the adjudication.”

2. It appearing that since the refusal of the injunction prayed for in the court below, no supersedeas having been applied for or granted, the defendant has done all that was sought to be enjoined, the writ of error will be dismissed without prejudice. Davis v. Mayor &c. of Jasper, 119 Ga. 57 (45 S. E. 724); Henderson v. Hoppe, 103 Ga. 684, 686 (30 S. E. 653); Fletcher v. Harper, 135 Ga. 404 (69 S. E. 562); Tabor v. Hipp, 136 Ga. 124 (70 S. E. 886, Ann. Cas. 1912C, 246); Clements v. Wilkerson, 151 Ga. 467 (107 S. E. 47); Clower v. Langley, 153 Ga. 154 (111 S. E. 563). Writ of error dismissed.

All the Justices concur.

Case Details

Case Name: Bigham v. Yundt
Court Name: Supreme Court of Georgia
Date Published: Jul 19, 1924
Citation: 158 Ga. 600
Docket Number: No. 4314
Court Abbreviation: Ga.
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