Curan v. Colbert
Supreme Court of Georgia
In Equity. — Motion to rescind order dissolving injunction, and to permit complainant to proceed to trial on the bill and answer, and the evidence taken in the cause. Tried before Judge Floyd. In Crawford Superior Court. February Term, 1847. The. facts of the case, and errors,assigned, being fully.stated in the opinion delivered by the Supreme Court, to which the reader is referred, are omitted here.
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
The following are the facts appearing on this record. Curan, the complainant in the' bill, became surety on a note for some $250', to Colbert, the defendant in the bill, for Tharp. Curan notified Colbert to sue, informing him at the same time that his principal, Tharp, had property sufficient to pay the debt, and that he would point it out so soon as the judgmerit was had. Colbert reduced the debt to judgment, both against the principal Tharp, and Curan the surety. Curan pointed out property of his -principal sufficient to pay the debt, and at…
2Cases cited2 opinions
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- Niblo v. ClarkNew York Supreme Court · 1829
3Cited by9 opinions
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- Williams v. KennedySupreme Court of Georgia · 1910
- Francisco v. SheltonSupreme Court of Virginia · 1889
- Drexel v. PuseyNebraska Supreme Court · 1898
- Winne v. Colorado Springs Co.Supreme Court of Colorado · 1876
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