186 Ga. 180 | Ga. | 1938
The sheriff of Dougherty County filed a petition for injunction against the deputy sheriff serving under him. It was alleged that on account of personal differences he had informed the defendant that “he had been dismissed and discharged as his deputy,” and had “requested that he surrender to him his keys, official papers, and that he no longer attempt to perform any duties as deputy sheriff;” but that in response the defendant refused to deliver the keys or official papers or to discontinue as deputy sheriff, and insisted that “he would continue as deputy sheriff until prevented from doing so by the court;” and that such conduct and his occupation of any of the offices or premises under the supervision of the sheriff, or an attempt on his part to perform any duties as deputy sheriff, constituted a continuous trespass, the avoidance of which and the prevention of a multiplicity of suits gave equitable jurisdiction to the court. The prayers were that the defendant be enjoined from interfering with the plaintiff in the performance of his duties as sheriff, by coming into his offices in the court-house, or going on the jail-house premises, or interfering with the jail-house or inmates, or “attempting to perform any
1. “An injunction may only restrain; it may not compel a party to perform an act.” Code, § 55-110. “While under the code an injunction which is purely mandatory in its nature can not be granted, the court may grant an order the essential nature
2. At the interlocutory hearing it indisputably appeared that the defendant had already turned over to the coroner the keys and papers in question, upon his being served by that officer with a copy of the petition and temporary restraining order. Since the defendant had thus effectually and completely responded to the petitioner’s demand with respect to such articles, the order granting the injunction as prayed should, strictly speaking, have expressly eliminated the requirement with reference to their delivery (see Baggett v. Edwards, 126 Ga. 463 (5), 55 S. E. 250); but since the record shows such previous delivery, the general order will be reasonably construed as not having them in view.
3. The judge did not abuse his discretion in granting the injunction restraining the deputy sheriff from further seeking to