Newsom v. McLendon
Supreme Court of Georgia
Application for an injunction, in Troüp Superior Court. Decided by Judge Hill, at Chambers, 30th September, 1848. This was a bill for discovery and injunction, in favor of plaintiffs in error, against the defendants in error, and presented to Judge Hill for his sanction.
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Application for an injunction, in Troüp Superior Court. Decided by Judge Hill, at Chambers, 30th September, 1848. This was a bill for discovery and injunction, in favor of plaintiffs in error, against the defendants in error, and presented to Judge Hill for his sanction. The bill alleged, that as securities for one Wilie "Wormack, plaintiffs in error had been compelled to pay large sums of money; to secure and save harmless against said securetyships, the said Wormack conveyed to plaintiffs in er.ror, in 1840, the premises upon which he then lived. That Wormack and one Jesse McLendon,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We think that the injunction in this case ought to have been granted, upon several grounds. First, because the bill charges, distinctly, that the execution in favor of Brown against Jesse McLendon, had been levied upon personal property belonging to him, sufficient to pay the debt, which was dismissed by the assignees of that execution. That levy, and the dismission of it, was a f rima facie satisfaction, and discharged Wormack, the co-debtor with Jesse McLendon. Beyond all question, it discharged the judgment against Wormack, in favor of the…
2Cases cited2 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Benjamin v. SmithNew York Supreme Court · 1830
3Cited by12 opinions
- Baker v. StateSupreme Court of Georgia · 1900
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Loeb v. Franchise Distributors, Inc. (In Re Franchise Systems, Inc.)United States Bankruptcy Court, N.D. Georgia · 1985
- Smith v. WaitWisconsin Supreme Court · 1876
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