Lewis v. Leak
Supreme Court of Georgia
In Equity, in Pike Superior Court. Motion to dissolve injunction. 'Decided by Judge Stark, at Chambers, July 5, 1850. This was a bill in Equity, filed by the plaintiff in error against the defendants, alleging that, at the December Term, 1849, of Pike Inferior Court, Robert Allen obtained a judgment against complainant for the sum of fifteen hundred and sixty three dollars, principal, and the sum of one hundred and twelve dollars and sixty cents, interest to tire 3d day of…
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In Equity, in Pike Superior Court. Motion to dissolve injunction. 'Decided by Judge Stark, at Chambers, July 5, 1850. This was a bill in Equity, filed by the plaintiff in error against the defendants, alleging that, at the December Term, 1849, of Pike Inferior Court, Robert Allen obtained a judgment against complainant for the sum of fifteen hundred and sixty three dollars, principal, and the sum of one hundred and twelve dollars and sixty cents, interest to tire 3d day of December, 1849; that a fi. fa. issued upon said judgment, and has been levied upon the property of complainant. The bill…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion
We do not deem it necessary or proper to notice all the questions made in the argument of this case, or whether or not there was equity in complainant’s bill — whether he had not a full, complete and adequate remedy at law — whether, having failed to set up by way of defence to the suit at law, on his note, the matters contained in this bill, he is not foreclosed by the judgment rendered against him in favor of Allen — whether or not Lewis, the complainant, is not compelled to pursue, to every available extent, his remedy at Law against Leak,…
2Cases cited7 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Edmeston v. LydeNew York Court of Chancery · 1829
- Clarke v. WhiteSupreme Court of the United States · 1838
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Going v. CookWashington Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sandusky v. FarisWest Virginia Supreme Court · 1901
- Loyless v. HowellSupreme Court of Georgia · 1854