Trainer v. City of Covington

Full title: TRAINER et al. v. CITY OF COVINGTON et al

Court: Supreme Court of Georgia

Date published: Sep 11, 1964

138 S.E.2d 170 (Ga. 1964)

138 S.E.2d 170

Opinion

22564.

ARGUED JULY 13, 1964.

DECIDED SEPTEMBER 11, 1964.

Appellate procedure. Newton Superior Court. Before Judge Guess.

Ballard Thigpen, Troy R. Thigpen, Jr., for plaintiffs in error.

Greeley Ellis, Reuben M. Tuck, contra.

MOBLEY, Justice.

Where, as here, the sole ground giving this court jurisdiction is the prayer seeking to enjoin the performance of a contract, and it appearing from oral statements of counsel made in oral argument before this court that the contract has been fully performed, the question of injunction is moot, and this court is without jurisdiction. Pickett v. Georgia, Fla. c. R. Co., 214 Ga. 263 ( 104 S.E.2d 450); Lorenz v. DeKalb County, 215 Ga. 731 ( 113 S.E.2d 450); Espey v. Village of North Atlanta, 218 Ga. 429 ( 128 S.E.2d 489); Woods v. State of Ga., 219 Ga. 503 ( 133 S.E.2d 865); Douglas-Guardian Warehouse Corp. v. Todd, 212 Ga. 791 ( 96 S.E.2d 275).

Transferred to the Court of Appeals. All the Justices concur.

ARGUED JULY 13, 1964 — DECIDED SEPTEMBER 11, 1964.