Lewis v. Armstrong
Supreme Court of Georgia
Injunction. Maker and indorser. Release. Before Judge Clark. Sumter county. At Chambers. August 29th, 1872. John B. Lewis filed his bill against Jane R. Armstrong, administratrix, and James "W. Armstrong, administrator of James W. Armstrong, deceased, William L. Graham, sheriff of Dooly county, Columbus W. Hand, David Bag-ley and Thomas N. W. Horne and James Murray, executors of J. W. C. Horne, deceased, containing the following allegations, to-wit: That on January 9th,…
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Injunction. Maker and indorser. Release. Before Judge Clark. Sumter county. At Chambers. August 29th, 1872. John B. Lewis filed his bill against Jane R. Armstrong, administratrix, and James "W. Armstrong, administrator of James W. Armstrong, deceased, William L. Graham, sheriff of Dooly county, Columbus W. Hand, David Bag-ley and Thomas N. W. Horne and James Murray, executors of J. W. C. Horne, deceased, containing the following allegations, to-wit: That on January 9th, 1860, the defendants, Hand and Bagley, made to the said James W. Armstrong, then in life, but since deceased, their two…
1Opinion of the Court
McCay, Judge.
We do not propose to discuss the various questions which were argued at the hearing of this case. We think the equity in the bill turns mainly on the damage which is claimed by the complainant to have come to him from the dismissal of the suit in Sumter, pending, as it was, on the appeal against the principal, and we do not think the answer1, with sufficient definiteness, denies that equity. We are not now prepared to say that the dismissal of the case by the plaintiffs fault, on the motion of the other party, would be sufficient, though we are rather inclined that way. But if…
2Cited by3 opinions
- Williams v. KennedySupreme Court of Georgia · 1910
- Fricks v. Rome Mercantile Co.Court of Appeals of Georgia · 1934
- Bulloch Mortgage Loan Co. v. JonesCourt of Appeals of Georgia · 1940