Farmers & Exchange Bank v. Ruse, Patten & Co.
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision by Judge Worrill, at May Term, 1858. This was a bill filed by the Farmers and Exchange Bank of Charleston, South Carolina, against Ruse, Patten & Co., of Columbus, Ga.
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In Equity, in Muscogee Superior Court. Decision by Judge Worrill, at May Term, 1858. This was a bill filed by the Farmers and Exchange Bank of Charleston, South Carolina, against Ruse, Patten & Co., of Columbus, Ga. The hill states that on the 34th March, 1857, defendants sued out an attachment against complainant, returnable to May Term, 1857, of the Superior Court of Muscogee county, for a debt amounting to $3,050, besides interest, wliich they alleged complainant owed them, but which the bill avers to be wholly pretensive and unfounded. That on the 35th March, 1857, the day after said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the judgment disolving the injunction, right?
That judgment was put on two grounds — one, that there aever was any equity in the bill; the other, that if there ever was, it had been sworn off by the answers. Were these' grounds sufficient ?
First, as to the first ground. Is it true, that there never was any equity in the bill ?
The bill seeks to have a judgment enjoined — a judgmentin favor of the defendants, against the complainant. Being a bill of that kind, it had equity in it, if its statements showed two things — first, that the complainant…
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