Sneed v. Wiggins
Supreme Court of Georgia
In Equity. Bill and Answer, and motion to dissolve injunction. In Lee Superior Court. May Term, 1847. Before Judge Warren. The hill charged, that the defendant Jones, had obtained two several judgments at common law against the complainants, founded on joint and several notes, given by the complainants to Wiggins the other defendant in the bill.
Read the full summary
In Equity. Bill and Answer, and motion to dissolve injunction. In Lee Superior Court. May Term, 1847. Before Judge Warren. The hill charged, that the defendant Jones, had obtained two several judgments at common law against the complainants, founded on joint and several notes, given by the complainants to Wiggins the other defendant in the bill. That complainants were about to appeal from said judgments to a special jury, when said Jones agreed in writing that if complainants would not appeal, he would give time on the judgments on the following-terms, to wit; $500 to be paid on said…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
This was a motion to dissolve an injunction upon the coming in of the answer, upon two grounds.
1. Because the equity of the bill was fully sworn off.
2. Because the time mentioned in the agreement for the payment of the money was of the essence of the contract; and the *97complainant having, as appeared by the bill, failed to pay at the time, he was not entitled to a specific compliance on the part of the defendant, in a c'onrt of equity.
Suits were instituted at law, by Jones, one of the defendants in' this bill, against the complainants, upon…
2Cases cited1 opinion
- Benedict v. LynchNew York Court of Chancery · 1815
3Cited by9 opinions
- Sivell v. HoganSupreme Court of Georgia · 1903
- STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC.Supreme Court of Georgia · 2022
- Gilford v. GreenCourt of Appeals of Georgia · 1924
- Gude & Walker v. Bailey Co.Court of Appeals of Georgia · 1908
- Hodge v. WallaceWisconsin Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.