Capital Bank v. Rutherford
Supreme Court of Georgia
Equity. Husband and Wife. Fraud. Judgments.. Injunction. Before Judge Fort. Crawford County. At Chambers. February 23, 1883, Reported in the decision.
1Opinion of the Court
Hall, Justice.
Was the grant of an injunction in this case, staying proceedings upon a judgment obtained by. the plaintiffs in error, against the defendant in error and her husband, in an action of ejectment, in order to enable her to open the judgment and set up a defence thereto, which she alleges came to her *58knowledge after the judgment was entered, and which she was prevented from discovering earlier, by no negligence on her part, but by the fraudulent conduct of the plaintiff and its confederates, an abuse of the chancellor’s discretion ?
The record makes this case: Upon a petition filed…
2Cases cited1 opinion
- Philips v. CoonsCourt of Appeals of Kentucky · 1815
3Cited by11 opinions
- Cotton States Fertilizer Co. v. ChildsSupreme Court of Georgia · 1934
- Foster v. FosterSupreme Court of Georgia · 1951
- Young v. YoungSupreme Court of Georgia · 1939
- Colvin v. WarrenCourt of Appeals of Georgia · 1932
- Strauss v. FriendSupreme Court of Georgia · 1884
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