Mackall v. West
Supreme Court of Georgia
Biils. Equity. Before Judge Carswell, Chatham Superior Court. April Term, 1881. To the report contained in the decision, it is necessary to add only the following: Mackall, Jr., as assignee of Lawrence, filed a bill in equity against the firm of West Brothers, J. H. Simmer, H. E. Simmer, and the last two named parties (J. H. Simmer and H. E. Simmer) as copartners under the firm name of H. E. Simmer; and the firm of Heard StFulcher.
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Biils. Equity. Before Judge Carswell, Chatham Superior Court. April Term, 1881. To the report contained in the decision, it is necessary to add only the following: Mackall, Jr., as assignee of Lawrence, filed a bill in equity against the firm of West Brothers, J. H. Simmer, H. E. Simmer, and the last two named parties (J. H. Simmer and H. E. Simmer) as copartners under the firm name of H. E. Simmer; and the firm of Heard StFulcher. The bill avers the following: The firm of H. E. Simmer effected an arrangement with Lee & Co. for advances, to cover-which they gave to Lee & Co. a note secured by…
1Opinion of the Court
Jackson, Chief Justice.
We are not prepared to say that the court below erred in sustaining the demurrer and dismissing this bill. The demurrer rested on three positions: that the bill is multifarious, that the remedy at law is adequate, and that there is no equity in the bill.
1. It seems to us multifarious. The same relief is not prayed for against all the defendants ; but it is asked that certain of them account for certain goods mortgaged by others of them, and against the mortgagors, insolvent too. The prayer is that they pay the balance of a debt secured by the mortgage after the account…
2Cited by8 opinions
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- Shaheen v. Dunaway Drug Stores, Inc.Supreme Court of Georgia · 1980
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