Legal Opinion

Hussey v. Gallagher

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 13 opinions

Equity. Injunction. Corporations. Before Judge Tompkins. Chatham County. At Chambers. September 3, 1878. The head-notes and opinion contain all the facts necessary to an understanding of this case, except the following extracts from the charter, constitution and by-laws of the society : CHARTER. “ Georgia — Chatham county.

Read the full summary

Equity. Injunction. Corporations. Before Judge Tompkins. Chatham County. At Chambers. September 3, 1878. The head-notes and opinion contain all the facts necessary to an understanding of this case, except the following extracts from the charter, constitution and by-laws of the society : CHARTER. “ Georgia — Chatham county. To the superior court of said county: “ The petition of Rev. Charles C. Pendergast * * * * and others, of the county and state aforesaid, in behalf of themselves and their associates, respectfully sheweih that they constitute a benevolent association whose field of…

1Opinion of the Court

Jackson, Justice.

1, 2. The facts reported and the syllabus will furnish a correct idea of the views of this court upon the points made in this application’ for an injunction. It is scarcely necessary that I add anything.

I will say, however, that the basis of all equity jurisdiction, except in regard to infants, is property. Money or property is the basis of its interference. Therefore, with merely honorary offices or temperance societies, it does not intei’pose by injunction. Kerr on Inj., chap. 1, p. 1. There is no salary attached to these offices.

It may be well to remark, too, as the points…

2Cases cited3 opinions

  1. Thompson v. CandorIllinois Supreme Court · 1871
  2. Rector of All Saints Church v. LovettThe Superior Court of New York City · 1828
  3. Atlantic, Tennessee & Ohio Railroad v. JohnstonSupreme Court of North Carolina · 1874

3Cited by13 opinions

  1. Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
  2. Sutton v. AdamsSupreme Court of Georgia · 1934
  3. Morris v. PetersSupreme Court of Georgia · 1948
  4. Collins v. HuffSupreme Court of Georgia · 1879
  5. Hornady v. GoodmanSupreme Court of Georgia · 1928

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API