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180 Ga. 609

Spivey v. Pope

Supreme Court of Georgia

Decided May 17, 1935

Supreme Court of Georgia · decided 1935-05-17

Relies on Sapp v. Ritch · Wardlaw v. Woodruff · Volunteer State Life Insurance v. Chapman

Good law ✅— No negative treatment on recordhow we know

Decided 1935-05-17

How this case has been cited

Cited by 11 later decisions — most recently January 1964

11 state decisions

501935194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, Justice.

¶11. Where in a suit for injunction the evidence introduced at the interlocutory hearing consisted only of the original petition and the defendant’s answer, which considered together presented an issue of fact as to the truth of the allegations made by the plaintiff as basis for the relief sought, the presiding judge was not bound to grant an interlocutory injunction, and his judgment refusing the same will not be disturbed by this court. Volunteer State Life Ins. Co. v. Chapman, 173 Ga. 633 (160 S. E. 783) ; Sapp v. Ritch, 169 Ga. 33 (2) (149 S. E. 636).

¶22. In a suit for injunction to prevent the exercise of a power of sale contained in a security deed, where the plaintiff does not otherwise show sufficient cause for the grant of an interlocutory injunction, the mere pendency of the action will not require the grant of such relief upon the theory that the litigation would prevent the property from bringing its market value. Wardlaw v. Woodruff, 178 Ga. 240, 247 (173 S. E. 98).

¶3Juclgment affirmed.

All the Justices concur.
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