Abbott v. Dermott
Supreme Court of Georgia
In Equity. In Éulton Superior Court. Motion to dissolve inj unction. Decided by Judge "Wabneb. April Term, 1866. In Eebruary, 1866, Dermott, the defendant in error, filed his bill in equity against Abbott, the plaintiff in error, making, as subsequently amended, the following case: On the 18th or 19th of April, 1865, General Johnston surrendered to the Federal authorities the Confederate forces under his command, and all territory east of the Chattahoochee river.
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In Equity. In Éulton Superior Court. Motion to dissolve inj unction. Decided by Judge "Wabneb. April Term, 1866. In Eebruary, 1866, Dermott, the defendant in error, filed his bill in equity against Abbott, the plaintiff in error, making, as subsequently amended, the following case: On the 18th or 19th of April, 1865, General Johnston surrendered to the Federal authorities the Confederate forces under his command, and all territory east of the Chattahoochee river. The city of Atlanta was thus, on the first of May, within the military lines of the United States, and so remained; hut the news of…
1Opinion of the Court
Lupmpkibt, O. J.
It is admitted that all the allegations in the bill are met and fully answered; but the presiding Judge thought it best, nevertheless, to hold up the bill till the hearing, and this practice is allowable where the complainant was entitled to any relief in the case made. Butin the judgment of this Court he is not: in other words, we think there is no equity in the bill.
What is the complainant’s case ? Why, that on the first day of May, 1865, he and Abbott, both grocery merchants in the city of Atlanta, contracted for a house and lot in that city, Abbott paying him $30,000 in…
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