Cox v. Cox
Supreme Court of Georgia
Claim. Equitable remedy. Amendment. Before Judge Mc-Cutchen. Whitfield Superior Court. July Adjourned Term, 1872. Frederick Cox levied an execution in his favor against Samuel W. Cox, on a lot of land in the county of Whitfield, which was claimed by George Wadsworth.
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Claim. Equitable remedy. Amendment. Before Judge Mc-Cutchen. Whitfield Superior Court. July Adjourned Term, 1872. Frederick Cox levied an execution in his favor against Samuel W. Cox, on a lot of land in the county of Whitfield, which was claimed by George Wadsworth. When the issue thus formed was called for trial, plaintiff in fi. fa. proposed to amend the pleadings substantially as follows: That the property levied on is subject to the payment of said execution, because the amount due on the judgment is for the purchase money of the same. Plaintiff prays that his lien as vendor may be set…
1Opinion of the Court
McCay, Judge.
We recognize fully the right of any suitor to set up, on the law side of our Superior Court, “an equitable cause of action.” Section 3027 of Irwin’s Revised Code expressly permits this to be done, and authorizes and directs the Court to so mould its proceedings as to give effect to this right. Nor are we able to see why this section of the Code does not include causes of action which are purely equitable, as well as those recognized, though not fully enforced, by Courts of law in England and in other States, by reason of the defective machinery of such Courts. The words of the…
2Cited by4 opinions
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- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1930
- Hardman v. CooperSupreme Court of Georgia · 1899