Lockwood v. Saffold
Supreme Court of Georgia
The defendant in error, in the year 1832, foreclosed two mortgages upon personal property, executed by one Christopher Keenan, and was proceeding to sell the property by virtue of the mortgage fi. fas., when Keenan filed his bill in equity, in Morgan Superior Court, alleging that he had equitable sets off to the amount for which the mortgages had been foreclosed, and praying, among other things, that said fi. fas. might be enjoined, until the final hearing of the bill.
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The defendant in error, in the year 1832, foreclosed two mortgages upon personal property, executed by one Christopher Keenan, and was proceeding to sell the property by virtue of the mortgage fi. fas., when Keenan filed his bill in equity, in Morgan Superior Court, alleging that he had equitable sets off to the amount for which the mortgages had been foreclosed, and praying, among other things, that said fi. fas. might be enjoined, until the final hearing of the bill. Lockwood, the plaintiff in error, became the security of Keenan on the injunction bond, given upon the filing of the bill. At…
1Opinion of the Court
By the Court
Warner, Judge.
This was an action instituted on an injunction bond by Saffold, the defendant in error, against Lockwood, the plaintiff in error, as the security for one Christopher Keenan. By the 3d section of the Act of 16th December, 1811, (Prin. Dig. 437,) it is declared : “ No injunction shall be sanctioned or granted by any judge of the superior courts of this State, until the party requiring the same shall have previously given to the party against whom such injunction is to operate, by application to the clerk of the Superior Court for that purpose, a bond with good and…
2Cited by10 opinions
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- Jordan v. Callaway & Co.Supreme Court of Georgia · 1912
- Dillon v. DillonSupreme Court of Georgia · 1878
- Planters' & Miners' Bank v. HudginsSupreme Court of Georgia · 1889
- United States Fidelity & Guaranty Co. v. TuckerSupreme Court of Georgia · 1927
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