133 Ga. 791 | Ga. | 1910
The plaintiff filed an equitable petition against a mutual benefit association and the sister of her deceased husband, making substantially the following allegations: Her husband obtained from the association a certificate therein, in' which he voluntarily and without any
(a) At the interlocutory hearing of a petition for injunction demurrers to the petition can be considered only as showing cause why an interlocutory injunction should not be granted, and the judge can not, at chambers, before the appearance term, either overrule or sustain such demurrers. Reynolds &c. Co. v. Kingsbery, 118 Ga. 254 ( 45 S. E. 235). In the present case the demurrers were not such as to compel the refusal of the interlocutory injunction. Nally v. Nally, 74 Ga. 669 (58 Am. R. 447).
(b) No error was committed by the court in overruling the objections of the plaintiff in error to the evidence offered by the defendant in error.
(c) Under the pleadings and the evidence, the court did' not abuse its discretion in granting an interlocutory injunction.
Judgment affirmed.