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Payne v. Georgia Power Company

Supreme Court of Georgia
Mar 23, 1967
154 S.E.2d 440 (Ga. 1967)

Opinion

23973, 23974, 23975.

ARGUED MARCH 13, 1967.

DECIDED MARCH 23, 1967. REHEARING DENIED APRIL 6, 1967.

Injunction. Gwinnett Superior Court. Before Judge Guess from Stone Mtn. Circuit.

Merritt Pruitt, Glyndon C. Pruitt, for Payne Herrington.

Duncan Wall, R. F. Duncan, for Christopher.

Troutman, Sams, Schroder Lockerman, T. M. Smith, Gerald P. Thurmond, for Georgia Power Co.


These appeals result from petitions seeking injunctive relief against obstructions on an alleged right of way obtained for an electric transmission line. The appeals were taken from the grant of interlocutory injunctions against such obstructions and also from the denial of one defendant's motion to vacate the interlocutory injunction and dismiss the petition against him.

However, subsequently all of the parties entered into a stipulation whereby, among other matters, the plaintiff would be afforded by June 1, 1966, all of the relief which it sought by injunction. This feature of the stipulation has been executed.

Under these circumstances the issues which were raised have since become moot, and the appeals present nothing for decision. See Akerman v. Mayor c. of Cartersville, 119 Ga. 27 (1) ( 45 S.E. 725); Keener v. King Hardware Co., 215 Ga. 577 ( 111 S.E.2d 215).

Appeals dismissed. All the Justices concur.

ARGUED MARCH 13, 1967 — DECIDED MARCH 23, 1967 — REHEARING DENIED APRIL 6, 1967.


Summaries of

Payne v. Georgia Power Company

Supreme Court of Georgia
Mar 23, 1967
154 S.E.2d 440 (Ga. 1967)
Case details for

Payne v. Georgia Power Company

Case Details

Full title:PAYNE v. GEORGIA POWER COMPANY. CHRISTOPHER v. GEORGIA POWER COMPANY et…

Court:Supreme Court of Georgia

Date published: Mar 23, 1967

Citations

154 S.E.2d 440 (Ga. 1967)
154 S.E.2d 440

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