Rose v. West
Supreme Court of Georgia
Equity. Mistake. Mesne profits. Witness. Admissions. New trial. Before Judge Hopkins. Eulton Superior Court. April Term, 1873. West filed his bill against Rose; making, substantially, the .following case: On November 5th, 1866, the defendant being possessed, in her own right, of all that tract or parcel of land, situate, lying and being in the fourteenth district of originally Henry now Fulton county, known as city lots numbers nineteen and twenty, being part of land lot…
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Equity. Mistake. Mesne profits. Witness. Admissions. New trial. Before Judge Hopkins. Eulton Superior Court. April Term, 1873. West filed his bill against Rose; making, substantially, the .following case: On November 5th, 1866, the defendant being possessed, in her own right, of all that tract or parcel of land, situate, lying and being in the fourteenth district of originally Henry now Fulton county, known as city lots numbers nineteen and twenty, being part of land lot number eighty-three, each lot fronting on Rock street, in the city of Atlanta, one hundred feet, and running back, in…
1Opinion of the Court
McCay, Judge.
We recognize the general rule laid down by this Court in Hargroves vs. Jones, 27 Georgia, 233, that a demurrer to a bill, on the ground that the complainant has an adequate remedy at law, cannot be put in at the trial term. But that is a mere rule of practice, and cannot apply to a case where the plaintiff had, at the appearance term, equity in his bill, and which he had abandoned before and at the trial term. The only reason presented in (he original bill to justify equitable interference was the allegation of the valuable rents, the insolvency of the defendant, and the prayer…
2Cited by6 opinions
- Terry v. RodahanSupreme Court of Georgia · 1888
- Becker v. Superior Court of Santa Clara Cty.California Supreme Court · 1907
- McCook v. CrawfordSupreme Court of Georgia · 1901
- Dean v. FeelySupreme Court of Georgia · 1883
- Miller v. CarlisleCalifornia Supreme Court · 1899
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