Behn & Foster v. Willam H. Young & Co.
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. . Tried Before Judge Allen, June, 1856. The bill was filed by William H. Young & Co., complainants, against Behn & Foster, partners, Benjamin O. Keaton, George W. Collier, Paul E. Tarver, John A. Davis and Andrew Y. Hampton, defendants, and alleges that at April Term, 1853, of Baker Superior Court, said Behn & Foster recovered judgment against said Andrew Y. Hampton for $2,423.73, besides interest and cost; that upon the appeal at…
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In Equity, in Dougherty Superior Court. . Tried Before Judge Allen, June, 1856. The bill was filed by William H. Young & Co., complainants, against Behn & Foster, partners, Benjamin O. Keaton, George W. Collier, Paul E. Tarver, John A. Davis and Andrew Y. Hampton, defendants, and alleges that at April Term, 1853, of Baker Superior Court, said Behn & Foster recovered judgment against said Andrew Y. Hampton for $2,423.73, besides interest and cost; that upon the appeal at November Term, 1854, a judgment for said sum and $302.96, damages for a frivolous appeal was recovered, upon which a fi. fa.…
1Opinion of the Court
*211 By the Court.
McDonald, J.
delivering the opinion.
On the rule to show cause why an injunction should not be granted, the defendants- filed no answer, but objected for causes apparent on complainants’ bill; for the want of a proper affidavit to support it; and because copies of certain deeds mentioned in the bill were not attached thereto as exhibits. The counsel for the defendants, Behn & Foster, offered to transfer or to cause to be transferred to the complainants, by the plaintiff, the fi.fa. against Hampton and Green, provided the complainants would pay to them the amount due thereon. The…
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