Mordecai v. Stewart
Supreme Court of Georgia
Injunction. Decided by Judge Vason. Sumter Superior Court. October Term, 1867. See Mordecai vs. Stewart, 36th Ga. R., 126. Upon the note there mentioned, Mordecai had sued Stewart, and was also proceeding to foreclose said mortgage. By this Court a new trial had been granted in the matter of foreclosure arid the remittitur had been entered on the minutes of said Superior Court, and the judgment of this Court was made-the judgment of that Court.
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Injunction. Decided by Judge Vason. Sumter Superior Court. October Term, 1867. See Mordecai vs. Stewart, 36th Ga. R., 126. Upon the note there mentioned, Mordecai had sued Stewart, and was also proceeding to foreclose said mortgage. By this Court a new trial had been granted in the matter of foreclosure arid the remittitur had been entered on the minutes of said Superior Court, and the judgment of this Court was made-the judgment of that Court. On the next day, Mordecai being present, his counsel moved to dismiss both of said actions. Upon consultation of counsel of both sides, the motion was…
1Opinion of the CourtHarris, J.
The plaintiff, Mordecai, had commenced a suit in the Superior Court of Sumter count, on a note made by Cutts as principal, with Stewart as security, and, at the same time, at law in the same Court, the plaintiff was proceeding to foreclose a mortgage on real property made by Stewart, the security, to further secure the note mentioned, when he thought proper to move, during term time, the discontinuance of both of his suits. After making a motion to that effect, and before *369the Circuit Judge had made any decision thereon, the counsel of Cutts and Stewart alleged their desire to confer with…
2Cited by18 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Sullivan v. CurlingSupreme Court of Georgia · 1919
- Morton v. GardnerSupreme Court of Georgia · 1979
- Nix v. EllisSupreme Court of Georgia · 1903
- Ethridge v. PittsSupreme Court of Georgia · 1921
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