130 Ga. 60 | Ga. | 1908
James M. Harris and others made an application for an injunction against the City of Sparta, alleging that Andrew Carnegie made a proposition to the city, that if the city would furnish a lot upon which to erect a building and make suitable provision for an annual appropriation of $500 per year for a period of ten years for the maintenance of a library, he would donate the amount of $5,000 to be used in the erection of a library building on said lot; and that pursuant to such proposition the city authorities passed an ordinance making said annual appropriation and were proceeding to purchase said lot with funds raised and to be raised by taxation on the proj>ertv of petitioners and others owning property in said city. Upon said application the chancellor, on November 4, 1907, granted a temporary restraining order, and ordered that a copy of the order and petition be served on the municipal authorities within 10 days from date of the order; and that either party have leave to move to dissolve the restraining order, upon 5 days’ notice to the opposite party. After giving notice to the plaintiff, the. defendant made a motion to dissolve the restraining order. Hpon hearing this motion in November, the court granted an order that the restraining order “be and the same is hereby dissolved, and any further restraint and injunction as prayed for in said petition is refused.” To this order the plaintiffs, within 20 days, filed a bill of exceptions, complaining
The writ of error is dismissed solely on the construction of the order that the judgment was the termination of the restraining order and did not involve the determination of any interlocutory injunction. Stubbs v. McConnell, 119 Ga. 21 (45 S. E. 710) : Smith v. Willis, 107 Ga. 792 (33 S. E. 667).
Writ of error dismissed.