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SWINT v. SMITH

22238.

219 Ga. 532 (1964)

134 S.E.2d 595

SWINT et al. v. SMITH et al.

Supreme Court of Georgia.

Decided January 10, 1964.

Attorney(s) appearing for the Case

Carl K. Nelson, Jr., Nelson & Nelson, for plaintiffs in error.

Irwin L. Evans, J. Benton Evans, Casey Thigpen, contra.

MOBLEY, Justice.

The question presented is whether or not a pending suit was dismissed by reason of Ga. L. 1953, Nov. Sess., pp. 342, 343 (Code Ann. § 3-512) because no written order was entered in the record thereof during a period in excess of 5 years. On November 9, 1953, plaintiffs filed their petition seeking an injunction and damages. An ex parte restraining order was granted and defendants filed their answer...

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