63 Ga. 570 | Ga. | 1879
The case which is here 'is but a small twig from a very large tree. The sole plaintiff in error is the National Bank of Augusta, and Printup, Brothers & Co., are the only defendants in error. The plaintiff in error was a party defendant to the original bill below, but the defendants in error were not parties to that bill on. either side. They were brought into court as defendants, with others, to a cross-bill built up in the answer which the.plaintiff in error filed to the original bill. On a prayer for injunction contained in this cross-bill, Printup, Brothers & Co. were enjoined from doing various things, among ’them, from prosecuting certain common law proceedings to which they were parties, but to which the National Bank.of Augusta was no party. The injunction was but interlocutory, and they moved to dissolve it on certain grounds, which motion being denied, they excepted pendente lite, and it remained operative until the time arrived for demurring to the cross-bill by way of general defense to the whole relief sought against them. They then filed a demurrer, embracing substantially the same grounds on which their motion to dissolve the injunction had been predicated. When the court came to adjudicate upon the demurrer, the same was unconditionally sustained and the cross-bill was, as to them, dismissed. This, and only this, is the subject-matter of the present writ of error.
Judgment affirmed.