Union Branch Rail Road v. East Tennessee & Georgia R. R.
Supreme Court of Georgia
In Equity from Murray Superior Court. Decided by Judge John H. Lumpkin, April Term, 1853. The following is the Bill of Exceptions which sets forth the facts in this case. The assignment of error as to the decision of the Court in sustaining the plea, and dismissing the bill, only was relied on before this Court. Georgia, Whitfield County.
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In Equity from Murray Superior Court. Decided by Judge John H. Lumpkin, April Term, 1853. The following is the Bill of Exceptions which sets forth the facts in this case. The assignment of error as to the decision of the Court in sustaining the plea, and dismissing the bill, only was relied on before this Court. Georgia, Whitfield County. Be it remembered, that on the fifteenth day of April, in the year of our Lord, 1853, during the regular Term of the Superior Court of said County, His Honor John H. Lumpkin, one of the Judges of the Superior Court of said State presiding, the cause of the…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
The question in this case is alone upon the sufficiency of the plea. The other assignments of error were abandoned in the argument before us.
[1.] It is insisted first, that this plea is not good, as it brings forward no new matter; and that advantage might have been taken of what is set forth in it, upon demurrer.
It is true, that the proper office of a plea in Chancery, is to bring forward some fact not distinctly appearing in the bill, which displaces the equity.
Trying this plea, by this rule of Chancery practice, we sustain it; for we find it…
2Cases cited1 opinion
- Young v. HarrisonSupreme Court of Georgia · 1849
3Cited by6 opinions
- United States Steel Corp. v. Multistate Tax CommissionSupreme Court of the United States · 1978
- Hening & Hagedorn v. GlantonCourt of Appeals of Georgia · 1921
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1935
- McHenry County v. BradyNorth Dakota Supreme Court · 1917
- Watson Seminary v. County CourtSupreme Court of Missouri · 1899
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