Woodward v. Dromgoole
Supreme Court of Georgia
Injunction. Judgments. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Dromgoole filed Ms bill against Woodward, alleging, in brief, as follows: Complainant was living in Columbus, and received a letter from defendant, offering him a place near Atlanta, containing eighty-five acres, for $5,500.00. Complainant replied that he would come to see it, and did so. Defendant’s father-in-law conducted the negotiations.
Read the full summary
Injunction. Judgments. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Dromgoole filed Ms bill against Woodward, alleging, in brief, as follows: Complainant was living in Columbus, and received a letter from defendant, offering him a place near Atlanta, containing eighty-five acres, for $5,500.00. Complainant replied that he would come to see it, and did so. Defendant’s father-in-law conducted the negotiations. He caused a man in defendant’s employment to show complainant the place, but privately instructed him to show complainant up to a certain rock, only containing sixty…
1Opinion of the Court
Blandeord, Justice.
“ Equity will interfere to set aside a judgment of a court having jurisdiction only when the party had a good de*526fence of which he was entirely ignorant, or where he whs prevented from making it by fraud or accident, or the act of the adverse party, unmixed with fraud or negligence on his part.” Code, §3129.
And to the same effect is section 3595 of the Code.
Applying these principles to the allegations in the bill filed by the defendant in error against the plaintiff, it will .be apparent that there is no equity in the bill.
And when we consider the proofs submitted to the…
2Cited by8 opinions
- Foster v. FosterSupreme Court of Georgia · 1951
- Board of Commissioners v. GruverIndiana Supreme Court · 1888
- McWilliams v. WalthallSupreme Court of Georgia · 1886
- McCall v. MillerSupreme Court of Georgia · 1904
- Neal v. HendersonSupreme Court of Georgia · 1884
3 more not listed; retrieve them via the Exa API.