Woolbright v. Wall

• Decision Date: 31 January 1878
• Citation: 60 Ga. 595
• Parties: Woolbright. v. Wall.
• Court: Georgia Supreme Court

60 Ga. 595

Woolbright. v. Wall.

Supreme Court of the State of Georgia

(January Term, 1878.)

Warner, Chief Justice.

Injunctions—Affidavits—Exceptions.^*—Affidavits used on hearing of application for injunction must Le set forth in the bill of exceptions, or otherwise identified by the chancellor. That they are set forth in the record, followed by the usual clerk's certificate, will not prevent a dismissal.

Warner, Chief Justice.

*.Injunction—Affidavits—Exceptions.—"This court cannot review the decision of the chancellor unless it has all the evidence before it which he had, and it must appear from the bill of exceptions incorporated therein or exhibits thereto with the sign manual of the judge thereon, what identical evidence was before him in the form of affidavits when he pronounced judgment for or against the application for injunction." Morgan v. Twitty, 64 Ga. 428, citing principal case.

See Ency. Dig. Ga. Rep., vol. 5, p. 367.