Eubank v. Mayor of Eastman, 48 S.E. 426 (Ga. 1904). · Go Syfert
Eubank v. Mayor of Eastman, 48 S.E. 426 (Ga. 1904). Cases Citing This Book View Copy Cite
28 citation events across 3 distinct courts.
Strongest positive: Haygood v. Brown (ga, 1912-10-15)
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1907 1966 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Haygood v. Brown
Ga. · 1912 · signal: see · confidence high
See Eubank v. Mayor etc. of Eastman, 120 Ga. 1048 ( 48 S. E. 426 ); Glover v. State, 128 Ga. 1 ( 57 S. E. 101 ); Jackson v. Georgia etc. R.
Retrieving the full opinion text from the archive…
Eubank
v.
Mayor and Council of Eastman
Supreme Court of Georgia.
Aug 12, 1904.
48 S.E. 426
1904 Ga. LEXIS 791
W. M. Clements, for plaintiff. James Bishop Jr., for defendant.
Fish.
Cited by 13 opinions  |  Published
Fish, R J-

Affidavits submitted on the hearing should be incorporated in the bill of exceptions to review a refusal of an interlocutory injunction, or be a,ttac'le<3- - as exhibits thereto, duly and properly identified, or be embodied in an approved brief of evidence and brought up as a part of the record. Where neither of these methods is adopted, but copies of'the affidavits are sent up as part of the record, for the reason that the trial judge, subsequently to the certification and filing of the bill of exceptions, identified tbe originals as having been .submitted on the hearing, such affidavits have not been brought to this court in the manner prescribed by law, and therefore they can not be considered. As the question made by the assignment of error necessarily involves a consideration of the evidence, no adjudication thereon can be had, and the writ of error must be dismissed.

Writ of error dismissed.

All the Justices concur.