178 Ga. 59 | Ga. | 1933
Georgia Public Service Commission sought injunction to restrain Stevens from transporting passengers for hire
The defendant, “without waiving any of his rights to plead to the merits,” demurred generally on the grounds that the petition failed to state a cause .of action, 'and that for specified reasons the change in the exemption in the act of 1933 relating to R. F. D. or Star Route carriers violates designated portions of the constitution. The court entered the following judgment: “After hearing evidence and argument in the above case it is ordered that the temporary restraining order heretofore granted be continued until the further order of the court.” None of the evidence had is included in the record here. The bill of exceptions states that ffie.
The record contains the judgment of the court. In it no reference is made to a ruling either sustaining or overruling the demurrer to the petition. Although the bill of exceptions recites that the court overruled the demurrer to the petition, there is no assignment of error thereon; therefore no issue is presented, and no ruling will be made by this court on that question.
Where a bill of exceptions complains of a grant of an interlocutory injunction, and it appears therefrom that evidence was introduced upon the hearing, and such evidence is neither incorporated in the bill of exceptions nor attached thereto as an exhibit properly authenticated, and it does not appear that a brief of the evidence was approved and filed so as to become a part of the record, the judgment will be affirmed, as without such evidence this court can not determine whether the court erred in continuing “the temporary restraining order” previously granted until further order of the court. There being no brief of evidence before us, we will assume'that the judgment of the court below was correct and affirm it. Voyles v. Federal Land Bank of Columbia, 173 Ga. 844 (162 S.E. 106).
Judgment affirmed.