Scott v. Scott
Supreme Court of Georgia
Bill in equity. In the Superior Court of Newton county. Decided by Hon. John J. Floyd, Judge of said Court. At March Term, 1861. The following statement of facts will present the questions at issue between the parties to this case, and brought before the Supreme Court for review : During the years 1849, 1850 and 1851, Samuel Scott and Thomas F. Jones carried on the business of merchandizing in the county of Newton, as partners, under the firm name and style of Scott & Jones.
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Bill in equity. In the Superior Court of Newton county. Decided by Hon. John J. Floyd, Judge of said Court. At March Term, 1861. The following statement of facts will present the questions at issue between the parties to this case, and brought before the Supreme Court for review : During the years 1849, 1850 and 1851, Samuel Scott and Thomas F. Jones carried on the business of merchandizing in the county of Newton, as partners, under the firm name and style of Scott & Jones. Daniel Scott was their clerk, and, during this time, had charge of the business, and when it'closed, the boobs of…
1Opinion of the Court
By the Court —
Jenkins, J., delivering the opinion.
In considering a demurrer to a bill in Chancery, the case must be taken as made in the bill. Where an injunction of a suit, pending at law, has been obtained, and relief is sought in equity, the defendant demurring to the bill on the ground that “ the complainant has a complete remedy at law,” must be understood as affirming, not simply that, if the averments in the bill be true, he might successfully have resisted the recovery sought against him at law, but that he might have obtained in that suit at law a complete remedy for the case *104made in…
2Cited by2 opinions
- Georgia Peruvian Ochre Co. v. Cherokee Ochre Co.Supreme Court of Georgia · 1921
- Todd v. ConnerSupreme Court of Georgia · 1964