Opinion
17932.
SUBMITTED JULY 15, 1952.
DECIDED SEPTEMBER 2, 1952. REHEARING DENIED OCTOBER 16, 1952.
Injunction. Before Judge Moore. Fulton Superior Court. April 28, 1952.
William A. Thomas, for plaintiff in error.
Wilbur B. Nall, Ralph R. Quillian and Harold Sheats, contra.
Other litigation involving the judgment sought to be set aside by the present petition was before this court in Harper v. Mayes, 208 Ga. 766 ( 69 S.E.2d 573). The exception here is to an order dissolving a temporary restraining order previously granted. There are many decisions of this court holding that such an order is not a final judgment from which a writ of error will lie. Adams v. City of Macon, 204 Ga. 1 ( 48 S.E.2d 829); Waddell v. Groover, 207 Ga. 166 ( 60 S.E.2d 239). Accordingly, the writ of error in the instant case must be.
Dismissed. All the Justices concur, except Atkinson, P. J., and Almand, J., not participating.