Blackman v. Garrett
| Decision Date | 11 October 1910 |
| Citation | 69 S.E. 110,135 Ga. 226 |
| Parties | BLACKMAN et al. v. GARRETT et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where a bill of exceptions complains of the refusal of an interlocutory injunction, and it appears therefrom that certain documentary and vital evidence was introduced upon the hearing, and such evidence is neither incorporated in the bill nor referred to therein and attached thereto as an exhibit properly authenticated, and no brief of the evidence has been approved and filed, so as to become a part of the record, but such documentary evidence is merely specified by the excepting party as a part of the record to be sent up to this court by the clerk of the trial court, the judgment will be affirmed, as without such evidence this court cannot determine the question whether the judge erred in refusing the injunction, and the same, not being as part of the record in the case, cannot be specified and sent up to this court as such. Askew v. Hogansville Cotton Oil Co., 126 Ga. 807, 55 S.E. 921; Edmondson v. Edmondson, 128 Ga. 53, 57 S.E. 308; Roberts v. City of Cairo, 133 Ga. 642, 66. S.E. 938, and cases cited.
Error from Superior Court, Haralson County; Price Edwards, Judge.
Action between S.D. Blackman and others and E. T. Garrett and others. From the judgment, Blackman and others bring error. Affirmed.
M. J. Head, for plaintiffs in error.
Griffith & Mathews, for defendants in error.
Judgment affirmed. All the Justices concur.
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... ... 576, ... 94 S.E. 1021; Leggett v. Pridgen, 150 Ga. 115, 102 ... S.E. 829. See, also, Glover v. State, 128 Ga. 1, 57 ... S.E. 101; Blackman v. Garrett, 135 Ga. 226, 69 S.E ... 110; Silvey [& Co.] v. Brown, 137 Ga. 104, 72 S.E. 907; ... Town of Fairburn v. Edmondson, 160 Ga. 792, 129 ... ...
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...Ga. 576, 94 S.E. 1021; Leggett v. Pridgcn, 150 Ga. 115, 102 S.E. 829. See, also, Glover v. State, 128 Ga. 1, 57 S.E. 101; Blackmail v. Garrett, 135 Ga. 226, 69 S.E. 110; Silvey [& Co.] v. Brown, 137 Ga. 104, 72 S. E. 907; Town of Fairburn v. Edmondson, 160 Ga. 792, 129 S.E. 108. In the tran......
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