Koplin v. Shartle Bros. Machine Co.
Supreme Court of Georgia
Equitable petition. Before Judge Park. Wilkinson superior court. July 14, 1919. Shartle Brothers Machine Company (called Shartle Bros.) instituted an action of trover against the Pynetree Paper Company (called Pynetree Co.) in "Wilkinson superior court, for the recovery of certain paper-mill machinery.
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Equitable petition. Before Judge Park. Wilkinson superior court. July 14, 1919. Shartle Brothers Machine Company (called Shartle Bros.) instituted an action of trover against the Pynetree Paper Company (called Pynetree Co.) in "Wilkinson superior court, for the recovery of certain paper-mill machinery. The petition alleged that the machinery was of the value of $5,000 and the yearly rental value of $2,000. In the affidavit to obtain bail filed with the petition, the value of the property is alleged to be $5,000. Thereafter, K. ICoplin filed an equitable petition in Wilkinson superior court…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The motion for new trial raises three questions. Upon the trial the court *512charged the jury as follows: “Equity jurisdiction is established by the law for the protection and relief of the parties, where from any peculiar circumstances the operation of the general rules of law would be deficient in protecting from anticipated wrong, or relieving for injuries done. Equity is ancillary, not antagonistic to the law; hence equity follows the law where the rule of law is applicable, and the analogy of the law where no rule is directly applicable. lie who would…
2Cases cited2 opinions
- Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1897
3Cited by9 opinions
- Sapp v. HoweCourt of Appeals of Georgia · 1949
- Woodruff v. TrostCourt of Appeals of Georgia · 1946
- McFarland v. BradleyCourt of Appeals of Georgia · 1950
- Murray County v. PickeringSupreme Court of Georgia · 1944
- Jones v. MajorCourt of Appeals of Georgia · 1949
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