Howard v. Durand
Supreme Court of Georgia
Motion to attach for violating injunction, in Fulton Superior Court. Decided by Judge Warner. April Term, 1867. This bill was filed by Thomas C. Howard against Frederick A. Williams and John C. McLean, for account and settlement, and against Samuel A. Durand for account, settlement and injunction.
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Motion to attach for violating injunction, in Fulton Superior Court. Decided by Judge Warner. April Term, 1867. This bill was filed by Thomas C. Howard against Frederick A. Williams and John C. McLean, for account and settlement, and against Samuel A. Durand for account, settlement and injunction. The facts as set forth in the bill are substantially as follows: In March, 1857, or 1858, complainant, John S. Williams, John H. Lovejoy and H. L. Currier, composed “ The Atlanta Spoke Company,” manufacturing spokes and hubs for carriages. They were to furnish equally the necessary capital, and…
1Opinion of the CourtWalker, J.
1. There is no question as to the power of a Court of Equity to enforce obedience to its orders by attachment. Code, sections 200, 3157,4125, and 4127. The question here is, do the facts make such a case as to require this Court to control the discretion of the Court below.
2. It has been often decided that the action of the Superior Courts in granting or refusing injunctions will not be controlled, except when it may appear there has been a flagrant abuse of discretion. The same rule should apply to the action of the Courts relative to the punishment of parties alleged to be contumacious.…
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