Everett v. Tabor
Supreme Court of Georgia
Petition for injunction. Before Judge Gober. Gilmer superior court. July 13, 1903. In bis equitable petition Everett alleged that Tabor had sued him in a justice’s court; that he had a meritorious defense, which could only be established by the introduction of a mortgage; that, having failed to give a proper notice to produce, he was unable to. make out his defense, and confessed judgment, intending to appeal ; that he had the appeal papers and bond duly prepared, and,…
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Petition for injunction. Before Judge Gober. Gilmer superior court. July 13, 1903. In bis equitable petition Everett alleged that Tabor had sued him in a justice’s court; that he had a meritorious defense, which could only be established by the introduction of a mortgage; that, having failed to give a proper notice to produce, he was unable to. make out his defense, and confessed judgment, intending to appeal ; that he had the appeal papers and bond duly prepared, and, within the time allowed by law, presented them to the justice, at the-same time tendering the cost; that the justice notified…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) An injunction will not usually be granted where a complainant’s right is not clear. He should state by his pleadings a case which does not rest upon doubtful or disputed principles of law. This he did in the present *130case. For equity will not only relieve against a judgment obtained by fraud, but against one which has been properly rendered, where the losing party has a meritorious defense, and is prevented by the fraud of the other from entering an appeal or making a motion for a new trial. Civil Code, §§4915,4913; Markham v. Angier, 57 Ga. 43; Marchman v.…
2Cases cited7 opinions
- Thompson v. LaughlinCalifornia Supreme Court · 1891
- Markham v. AngierSupreme Court of Georgia · 1876
- Sanderson v. VoelckerMissouri Court of Appeals · 1892
- Coffee v. NewsomSupreme Court of Georgia · 1850
- Sharpe v. KennedySupreme Court of Georgia · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jones v. Lanier Development Co.Supreme Court of Georgia · 1939
- Ballard v. WaitesSupreme Court of Georgia · 1942
- Nance v. DanielSupreme Court of Georgia · 1936
- Maddox v. WillisSupreme Court of Georgia · 1949
- Brown v. TomlinsonSupreme Court of Georgia · 1980
33 more not listed; retrieve them via the Exa API.