Legal Opinion

Cabot v. Yarborough

Supreme Court of Georgia

Decided March 15, 1859PublishedCited by 23 opinions

Attachment for contempt, from Floyd county. Decision by Judge Hammond, at February Term, 1858. Frederick M. Cabot, filed his bill in equity, against, Atkinson J. Hardin, Daniel F. Suryer, James M. Spullock, Nathan Yarborough, Dennis Hills, and William Johnson, praying, amongst other things, for an “ injunction to be directed to the said defendants, their agent and attorneys, commanding and enjoining them, and each of them, to ceáse all further prosecution of a certain claim…

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Attachment for contempt, from Floyd county. Decision by Judge Hammond, at February Term, 1858. Frederick M. Cabot, filed his bill in equity, against, Atkinson J. Hardin, Daniel F. Suryer, James M. Spullock, Nathan Yarborough, Dennis Hills, and William Johnson, praying, amongst other things, for an “ injunction to be directed to the said defendants, their agent and attorneys, commanding and enjoining them, and each of them, to ceáse all further prosecution of a certain claim case in said Superior Court, and also, from selling, or otherwise disposing of” the claimed “property, and to cease from…

1Opinion of the Court

By the Court.

Benning J.

delivering the opinion.

Was the Court below right in discharging the rule nisi, on the cause shown by the defendants?

The question, whether there is a contempt of a Court; and the question whether, if there is one, it .ought tobe punished or ought to be excused, and other questions, as to contempt, are questions for the discretion and judgment of that Court. And there can be little danger, that a Court will fail in the duty of having itself sufficiently respected. Whatever decision then, it comes to, on such questions, ought tobe final, at least, unless there is something…

2Cited by23 opinions

  1. Garland v. State of GeorgiaCourt of Appeals of Georgia · 1960
  2. Pedigo v. Celanese Corp. of AmericaSupreme Court of Georgia · 1949
  3. Crudup v. State of GeorgiaCourt of Appeals of Georgia · 1962
  4. Beebe v. SmithCourt of Appeals of Georgia · 1948
  5. Crudup v. StateSupreme Court of Georgia · 1963

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