Vaughn v. Fuller
Supreme Court of Georgia
Equity, from Carroll. Decision by Judge Hammond. This bill was filed by Geo. A. Vaughn, to enjoin and set aside a judgment obtained at law, against him by E. W Fuller. The complainant alleges in his bill, that he has a good defence in law ; that the notes upon which the judgment was obtained, and to which his name was signed, were void and fraudulent, and that Gray and Oaks, the persons who signed said notes, had no authority to sign his name to said notes, etc.
Read the full summary
Equity, from Carroll. Decision by Judge Hammond. This bill was filed by Geo. A. Vaughn, to enjoin and set aside a judgment obtained at law, against him by E. W Fuller. The complainant alleges in his bill, that he has a good defence in law ; that the notes upon which the judgment was obtained, and to which his name was signed, were void and fraudulent, and that Gray and Oaks, the persons who signed said notes, had no authority to sign his name to said notes, etc. The defendant denies, in his answer, that there is any equity in the complainant’s bill; that the notes were given by Gray, Oaks and…
1Opinion of the Court
By the Court —
Benning J.
delivering the opinion.
There is no equity in this bill. Vaughn might have set up all the matters contained in the bill, as a defence to the suits at law, against him.
He set up none of them in defence of those suits. He gives no reason for the failure to do so. It is to be presumed, therefore, that the failure to do so, was owing to mere neglect.
Equity will not set aside a judgment, to give a party the benefit of a defence, the benefit of which he lost at law, by his own neglect.
But if there was any equity in the bill, it consisted in this allegation, that Oaks and Gray…
2Cited by7 opinions
- Charles v. SimmonsSupreme Court of Georgia · 1960
- Beddingfield v. Old National Bank & Trust Co.Supreme Court of Georgia · 1932
- Gentle v. Atlas Savings & Loan Ass'nSupreme Court of Georgia · 1898
- Redwine v. McAfeeSupreme Court of Georgia · 1897
- City of Jefferson v. Trustees of Martin InstituteSupreme Court of Georgia · 1945
2 more not listed; retrieve them via the Exa API.