Levenson Investment Company v. Whitehead

Full title: LEVENSON INVESTMENT COMPANY v. WHITEHEAD et al

Court: Supreme Court of Georgia

Date published: May 31, 1973

198 S.E.2d 682 (Ga. 1973)

198 S.E.2d 682

Opinion

27915.

ARGUED MAY 15, 1973.

DECIDED MAY 31, 1973. REHEARING DENIED JUNE 21, 1973.

Injunction. Fulton Superior Court. Before Judge Williams.

Schwall Heuett, Stan M. Lefco, for appellant.

Smith, Cohen, Ringel, Kohler, Martin Lowe, William G. Grant, for appellees.

UNDERCOFLER, Justice.

This appeal is from the denial of an interlocutory injunction. The dispute involved is whether the plaintiff has acquired a prescriptive right to use certain property of the defendant as a means of ingress and egress to its property. The evidence presented at the hearing was in conflict. Held:

The evidence on the material issues involved was in conflict; and where this is true, this court will not control the discretion vested in the trial judge in denying an interlocutory injunction. Code § 55-108. The present case does not fall within the exception to the general rule, where the question to be decided is one of law. Rooks v. Meyer, 217 Ga. 727 ( 124 S.E.2d 634); Carpenters Local Union No. 3024 v. United Brotherhood of Carpenters c., 220 Ga. 596, 599 ( 140 S.E.2d 876).

Judgment affirmed. All the Justices concur.

UNDERCOFLER, Justice.

ARGUED MAY 15, 1973 — DECIDED MAY 31, 1973 — REHEARING DENIED JUNE 21, 1973.