Russell v. O'Dowd
Supreme Court of Georgia
Supersedeas. United States Courts. Jurisdiction. Illegality, Before Judge Twiggs. Richmond Superior Court. January Term, 1872. Injunction. Illegality. Before Judge Gibson. Richmond county. At Chambers.
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Supersedeas. United States Courts. Jurisdiction. Illegality, Before Judge Twiggs. Richmond Superior Court. January Term, 1872. Injunction. Illegality. Before Judge Gibson. Richmond county. At Chambers. August 21st, 1872. Henry F. Russell, Mayor of the city of Augusta, for the use of Harper C. Bryson, brought an action of debt against Clarence V. Walker, principal, and William C. Jones and Michael O’Dowd, securities, on a bond executed by said Walker as vendue master of said city. Three other suits of a precisely similar character were brought by said Mayor for the use, respectively, of Wik…
1Opinion of the Court
McCay, Judge.
1. It may be true, that the order directing these cases to be stayed until the bill of exceptions in the first case was disposed of was not a wise and just order, though of that we express no opinion. It was not excepted to and it was the judgment of a Court with full jurisdiction, and until it is set aside by proceedings for that purpose, it is to be treated as conclusive between the parties. We suspect, too, that the order was by consent, though of that we are not informed. At any rate, it would be contrary to first principles to permit a judgment between the parties by a Court…
2Cited by3 opinions
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