Legal Opinion

Hargraves v. Lewis

Supreme Court of Georgia

Decided July 15, 1847No. 27PublishedCited by 5 opinions

In Equity. Motion to dismiss bill for want of prosecution. Who competent to render final decree in an equity cause. Usury paid by a surety, when not recoverable back out of his principal. These questions, made by the record, are determined in this ease. From Muscogee Superior Court.' May Term, 1847- Judge Alexander presiding in the Court below.

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In Equity. Motion to dismiss bill for want of prosecution. Who competent to render final decree in an equity cause. Usury paid by a surety, when not recoverable back out of his principal. These questions, made by the record, are determined in this ease. From Muscogee Superior Court.' May Term, 1847- Judge Alexander presiding in the Court below. The facts and circumstances of this case are minutely and fully stated in the opinion of the Supreme Court, to which the reader is referred.

1Opinion of the Court

By the Court

Nisbet, J.,

delivering the opinion.

This bill, filed by Felix Lewis, against George Hargraves and William L. Wynn, in Muscogee Superior Court, makes the following case. Lewis borrowed of Hargraves a sum of money 'at usurious interest, and gave for it his note, with security. The note was renewed frequently in the course of some six or eight years, at the same usurious rate of interest, until the year 1830, when Lewis, having removed to the south-west, at his instance, and the instance of Hargraves, the last renewed note was taken *163up by Pierce Lewis and John L. Lewis, the father and…

2Cited by5 opinions

  1. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  2. Holton v. LankfordSupreme Court of Georgia · 1939
  3. Jonesboro Investment Trust Ass'n v. DonnellyCourt of Appeals of Georgia · 1977
  4. Jackson v. JacksonSupreme Court of Vermont · 1878
  5. Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944

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