Mullins v. Christopher
Supreme Court of Georgia
Bill to enjoin J udginent, &c. Decided by J udge Wobbill. Taylor County. Chambers, May, 1867. Mullins averred that "Win. H. Christopher, as proohien ami of his daughter, Pauline, brought an action against him for breach of a promise to marry Pauline; that the case was tried on appeal at April term, 1865, of said Court, and the verdict was against Mullins for $5000 and costs; that fi.fa. had been issued for that sum and was in the hands of the Sheriff for collection.
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Bill to enjoin J udginent, &c. Decided by J udge Wobbill. Taylor County. Chambers, May, 1867. Mullins averred that "Win. H. Christopher, as proohien ami of his daughter, Pauline, brought an action against him for breach of a promise to marry Pauline; that the case was tried on appeal at April term, 1865, of said Court, and the verdict was against Mullins for $5000 and costs; that fi.fa. had been issued for that sum and was in the hands of the Sheriff for collection. It was averred also, that this verdict was found upon the testimony of ¥m. H. Christopher, plaintiff, solely, who testified that…
1Opinion of the CourtWalker, J.
1. This bill is filed with a double aspect; either for a new trial, or to reform the verdict. That a court of equity has the power to grant a new trial in a case tried at law upon a proper case made, has been settled since the celebrated contest between Lord Ellesmere and Lord Coke, in the early part of the seventeenth century. It is a power which should, however, be exercised with extreme caution, and on a proper case made. Pierce vs. Christain, 3 Ga. Rep., 229. In delivering the opinion in this case, Judge Lumpkin says : “The general rule is, that courts of chancery will not interfei’e…
2Cases cited3 opinions
- Taylor v. SuttonSupreme Court of Georgia · 1854
- Pollock v. GilbertSupreme Court of Georgia · 1854
- Samuel B. Pearce & Co. v. ChastainSupreme Court of Georgia · 1847
3Cited by10 opinions
- Lovelace v. LovelaceSupreme Court of Georgia · 1934
- Liberty Lumber Co. v. SilasSupreme Court of Georgia · 1936
- Latimer v. Irish-American BankSupreme Court of Georgia · 1904
- Peacock v. WalkerSupreme Court of Georgia · 1957
- Davison-Paxon Co. v. ArcherCourt of Appeals of Georgia · 1954
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