Thomas v. Horn
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. Decision by Judge Powers, December Term, 1856. Motion to dissolve injunction. A motion had been made at a former hearing of this case, upon the coming in of the answer, to dissolve the injunction, which motion was refused upon the ground of the insufficiency of the answer, and that the same did not swear off the equity of the bill, and which decision had been affirmed by the Supreme Court, at a previous term.
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In Equity, in Dougherty Superior Court. Decision by Judge Powers, December Term, 1856. Motion to dissolve injunction. A motion had been made at a former hearing of this case, upon the coming in of the answer, to dissolve the injunction, which motion was refused upon the ground of the insufficiency of the answer, and that the same did not swear off the equity of the bill, and which decision had been affirmed by the Supreme Court, at a previous term. Afterwards defendant amended his answer and renewed his motion to dissolve the injunction. Which motion the Court refused to grant, upon the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In this case, the defendant in the bill put in his answer, *178and made a motion founded oh the answer, for the dissolution of the injunction. This motion the Court overruled.
Afterwards the defendant amended his answer and made another motion founded on the amended answer, for the dissolution of the injunction.
This motion, the Court held barred by the judgment in the first motion.
The simple question is, whether in holding this the Court held right?
There can be no doubt, that a Court of Equity would refuse to entertain a second motion to dissolve an…
2Cited by3 opinions
- Watts v. WomackSupreme Court of Alabama · 1870
- Moody v. GriffinSupreme Court of Georgia · 1878
- Ingram v. ErwinSupreme Court of Alabama · 1974