Wright v. Nagle
Supreme Court of Georgia
Injunction. Inferior Court. Contract. Roads and bridges. Before Judge Harvey. Floyd county. At Chambers. December 11th, 1872. Augustus R. Wright and Alfred Shorter filed their bill against G. W. Nagle, Daniel Adams, Hines Smith, as trustee for his wife, and Hugh D. Cothran, containing the following allegations: Some time in the latter part of the year 1850, or the beginning of the year 1851, Alfred Shorter, H. V. M. Miller and Lewis Tumlin, supposing that they *were the…
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Injunction. Inferior Court. Contract. Roads and bridges. Before Judge Harvey. Floyd county. At Chambers. December 11th, 1872. Augustus R. Wright and Alfred Shorter filed their bill against G. W. Nagle, Daniel Adams, Hines Smith, as trustee for his wife, and Hugh D. Cothran, containing the following allegations: Some time in the latter part of the year 1850, or the beginning of the year 1851, Alfred Shorter, H. V. M. Miller and Lewis Tumlin, supposing that they *were the owners and proprietors, exclusively, both by the right of prescription and also by contract with the Inferior Court of Floyd…
1Opinion of the Court
*McCay, Judge.
Whilst we are very clear that our judgment in this case is right, we cannot forbear expressing our regret, that the enforcement of a stern rule of law operates hardly upon the plaintiffs in error. We feel satisfied that the plaintiffs have, at any rate, in their action since the war, supposed they had this exclusive right, and that they have expended money under that impression, which, perhaps, they would not have expended had they been aware that their contract with the. Inferior Court for this exclusive right was invalid. And were it possible for us, without violating the law,…
2Cases cited10 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Lee v. MunroeSupreme Court of the United States · 1813
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Winter v. JonesSupreme Court of Georgia · 1851
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3Cited by1 opinion
- Hudspeth v. HallSupreme Court of Georgia · 1900