Wood & Whitaker v. Tompkins
Supreme Court of Georgia
In. equity, in Heard superior court. Tried before Judge Rice, August Term, 1858. This bill was filed by defendant in error against tbe plaintiffs in error, and alleges, in substance, that in March, 1844, Wilson W. Brooks, as administrator of George M. Smith, deceased, instituted bis action of trover against one Charles Poster, for the recovery of seventeen negroes; that Poster confessed judgment in said action, reserving the right of appeal; that complainant became security…
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In. equity, in Heard superior court. Tried before Judge Rice, August Term, 1858. This bill was filed by defendant in error against tbe plaintiffs in error, and alleges, in substance, that in March, 1844, Wilson W. Brooks, as administrator of George M. Smith, deceased, instituted bis action of trover against one Charles Poster, for the recovery of seventeen negroes; that Poster confessed judgment in said action, reserving the right of appeal; that complainant became security on said appeal for Foster, and at November Term, 1850, Brooks recovered judgment.against Foster for about eleven…
1Opinion of the Court
By the Court.
McDonald, J.,
delivering the opinion.
We think that the court below committed no error in respect to the matters on which error is assigned in the record before us.
1. If the allegations in the bill are true, which must be assumed on a motion to dismiss it for the want of equity, there is not the slightest ground on which such a motion ought ;to be sustained. The complainant alleges that pending an action of trover which had been instituted against one Charles Foster for the recovery of a number of negroes, and in which causehhe said Foster entered an appeal and complainant became…
2Cited by1 opinion
- Livingston v. AndersonSupreme Court of Georgia · 1888