Bennett v. Brown
Supreme Court of Georgia
Equity. Bill of review. Before Judge Clark. Sumter County. At Chambers. February 25th, 1876. Bennett filed his bill against Brown, praying that a decree rendered in favor of the latter against him, on a bill filed in Sumter superior court against Furlow, Price & Furlow, to which he had subsequently been made a party, should be vacated, and that the sale of certain property levied on under the execution issued on such decree should, in the meantime, be enjoined.
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Equity. Bill of review. Before Judge Clark. Sumter County. At Chambers. February 25th, 1876. Bennett filed his bill against Brown, praying that a decree rendered in favor of the latter against him, on a bill filed in Sumter superior court against Furlow, Price & Furlow, to which he had subsequently been made a party, should be vacated, and that the sale of certain property levied on under the execution issued on such decree should, in the meantime, be enjoined. The grounds alleged for the vacation of such decree were, in brief, as follows : 1st. Because there were neither allegations in such…
1Opinion of the Court
Bleckley, Judge.
The object of this bill is to vacate a decree made on a former bill, and, in the meantime, to enjoin the enforcement of that decree by the sale of property now under levy. The chancellor refused the injunction prayed for, and that is the error complained of.
The former bill was by Brown against Furlow, Price & Furlow. Bennett, the complainant in the present bill, was made a party defendant to that bill by amendment. He never appeared or made any defense. The ease lingered in *220court for a long time. It was commenced in 1856, and in 1873 the jury rendered a verdict in favor of…
2Cited by4 opinions
- Herz v. Frank & AdlerSupreme Court of Georgia · 1898
- Hairalson v. CarsonSupreme Court of Georgia · 1900
- Sullivan v. Douglas Gibbons Inc.Supreme Court of Georgia · 1939
- Winn v. WalkerSupreme Court of Georgia · 1917