Cook v. Walker
Supreme Court of Georgia
Case, in Harris Superior Court. Tried before Judge Worrihl, April Term, 1860. This was an action on the case brought by Elijah Cook, against Thacker Y. Walker, to recover damages alleged to have been sustained by plaintiff, by the suing out a writ of ne exeat, and seizing ujion about 80 negroes of plaintiff’s, having a receiver appointed, etc. Plaintiff opened his case and offered in evidence the bill and proceedings in the equity case, in which the ne exeat issued.
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Case, in Harris Superior Court. Tried before Judge Worrihl, April Term, 1860. This was an action on the case brought by Elijah Cook, against Thacker Y. Walker, to recover damages alleged to have been sustained by plaintiff, by the suing out a writ of ne exeat, and seizing ujion about 80 negroes of plaintiff’s, having a receiver appointed, etc. Plaintiff opened his case and offered in evidence the bill and proceedings in the equity case, in which the ne exeat issued. Also, the ne exeat bond executed by plaintiff, with Mary Walker as security, and the record of the Court of Ordinaiy, appointing…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
This was an action for malicious prosecution by the plaintiff against the defendant, on the following state of facts: The plaintiff married a sister of the defendant, who was possessed of a large estate. On their marriage, they entered into a marriage contract, in which Mrs. Cook’s property was conveyed to one of her brothers, in trust, for her sole use. *520“with liberty” to the wife, “to sell and dispose of, and to give away, either by deed, will or otherwise, all or any part of the same as she may think proper; but in ease she should die without…
2Cited by8 opinions
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- Marable v. Mayer, Son & Co.Supreme Court of Georgia · 1887
- Price v. CobbCourt of Appeals of Georgia · 1939
- South Georgia Grocery Co. v. BanksCourt of Appeals of Georgia · 1935
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