
    Warren et al. v. Monnish.
    January 20, 1896.
    Petition for injunction. Before Judge Lumpkin. Pulton county. June 29, 1895.
    On tbe bearing of an application for injunction, tbe plaintiffs offered in evidence an affidavit of Geo. M. Warren, going materially to support tbe allegations of tbeir petition. It was objected to, on tbe ground tbat tbe name of tbe case was not stated therein; and tbe objection was sustained. There was no caption to tbe affidavit, showing tbe case or court, no statement of tbe case, and nothing to show tbat it was testimony in any case in court, except a memorandum on tbe back of it, which stated the court, term, name of tbe case, and “affidavit of Geo. M. Warren.” There was nothing to show when or by whom this endorsement was made. ■ *
    
      Felder & Davis, for plaintiffs.
    
      Arnold <£ O’Bryan, for defendant.
   Lumpkin, J.

1. There was not, upon the hearing of an application for an injunction, any abuse of discretion in refusing to admit in evidence an affidavit which was not “intituled in the cause,” and as to which there was no proof that it was made or intended to be used as evidence in any court or in any case, save a memorandum on the back containing the names of the parties and of the court in which the application for injunction was pending, and there being nothing to show when or by whom this memorandum was entered, 'or that it was made with the affiant’s knowledge.

2. The evidence being conflicting, and apparently preponderating in favor of the defendant, there was no abuse of discretion in denying the injunction. Judgment affirmed.  