History
  • No items yet
midpage
Marshall v. Johnson
101 S.E. 577
Ga.
1919
Check Treatment
Hill, J.

Johnson et al. filed a petition seeking to enjoin the trustees of a certain school district from constructing a school building on a designated site. At the hearing the court rendered a judgment, on April 22d, 1919, denying that a court of equity had jurisdiction in the matter of locating such school building, the law having vested that discretion in the school board of the county. The judgment further provided that the defendant school trustees be enjoined from constructing such building until June 1, 1919. Held:

1. Properly construed, the bill of exceptions complains only of that portion of the judgment which restrains the defendants until June 1, 1919, the remainder being favorable to the plaintiffs in error.

2. The restraining order having expired by its own terms on June 1, 1919, prior to the .submission and consideration of the ease in this court, the only question involved is moot; and accordingly the writ of error must be dismissed. Atlanta & West Point R. Co. v. Golightly, 148 Ga. 582 (97 S. E. 516); Stark v. Hamilton, 149 Ga. 44 (99 S. E. 40).

Writ of error dismissed.

All the Justices concur, except Fish, C. J., absent.

Case Details

Case Name: Marshall v. Johnson
Court Name: Supreme Court of Georgia
Date Published: Dec 11, 1919
Citation: 101 S.E. 577
Docket Number: No. 1433
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.