187 Ga. 312 | Ga. | 1938
On April 1, 1938, Marion County, through its board of commissioners of roads and revenue, brought suit against J. R. Mc-Corkle, alleging that the alternative roa'd law had been in effect in said county for a number of years, and the roads of said county had been worked by convict labor up to March 1, 1938; that the defendant had been employed by said county as superintendent of roads and a's warden, and as such had been allowed to occupy a dwelling-house on the county farm; that at a meeting duly held on February 18, 1938, a motion was passed, abolishing the convict system in said county, and providing for
1. The substance of the motion passed by the board of commissioners being set forth in the petition, and the minute-book and page number where the record thereof could be found being referred to, it was not necessary that a copy of the .minutes be attached to the petition as an exhibit. See Penn Tobacco Co. v. Leman, 109 Ga. 428 (3) (34 S. E. 679) ; Lynah v. Citizens & Southern Bank, 136 Ga. 344 (2) (71 S. E. 469); Board of Commissioners v. MacDougald Con. Co., 157 Ga. 595 (2) (122 S. E. 317). The court erred in sustaining the demurrer.
2. If the chancellor puts his refusal of an injunction on the facts controverted, or refuses an injunction generally, this court will ordinarily not reverse the judgment; but when it clearly appears from the actual language of the order that the judge failed to exercise any discretion whatever, and that his refusal of an injunction was based entirely on the erroneous construction of the law by holding that as a matter of law he could not grant an interlocutory injunction until a jury decided the issues of fact made by the petition and answer, such judgment was erroneous. Code, § 55-108; Fears v. State, 102 Ga. 274, 275 (29 S. E. 463) ; Stribbling v. Georgia Ry. & Power Co., 139 Ga. 676 (78 S. E. 42) ; Spires v. Wright, 147 Ga. 633 (2) (95 S. E. 232); Giles v. Rawlings, 148 Ga. 575 (2) (97 S. E. 521).
Judgment reversed.