Ammons v. Central of Georgia Railway Company, 215 Ga. 764

Summary

The Supreme Court of Georgia held that an ex parte restraining order entered pending a scheduled hearing was not reviewable. It also held that the issue of whether the tenant had been made a party without a hearing was moot because she later voluntarily became a party by filing an answer and cross-action.

Holdings

1. An order restraining the parties only until a scheduled hearing on an application for a temporary injunction is an ex parte restraining order in advance of the hearing and is not reviewable.
2. The issue whether Ammons was made a party without a hearing was moot because she voluntarily became a party by filing an answer and cross-action in the proceeding.

Questions Presented

1. Whether the trial court's interim order, which restrained the parties until a date set for a hearing on a temporary injunction, was reviewable.
2. Whether the issue of whether Ammons was made a party without a hearing remained justiciable after she voluntarily appeared and filed an answer and cross-action in the proceeding.

Disposition

dismissed