Colquitt v. Howard
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1852. The questions decided in this case, arose from a demurrer to the bill filed by John H. Howard. The material allegations in that bill were as follows; In 1840, the Mayor and Council of Columbus were authorized by an Act of the Legislature, to define the limits of Bay street, and to lay off a portion of said streetand of the North Common, into water lots, and to dispose of the same.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1852. The questions decided in this case, arose from a demurrer to the bill filed by John H. Howard. The material allegations in that bill were as follows; In 1840, the Mayor and Council of Columbus were authorized by an Act of the Legislature, to define the limits of Bay street, and to lay off a portion of said streetand of the North Common, into water lots, and to dispose of the same. The lots were laid off, thirty-six in number, and one-half of them, viz; the even numbers, 2, 4', 6, &c. were, by deed…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
We have no doubt but that this bill was demurrable for mulfifariousness. We do not favor this ground of demurrer, but there are cases in which the principles of justice require it to be sustained. This is one of them, as we think, easily demonstrable. But inasmuch as the bill must go out of Court upon a ground of demurrer vitally effecting its legal merits, I shall coniine the discussion to that ground. ,
[!.] According to the view' which we have taken of this cause, the complainant, Major Howard, has no right to sue as he has brought this suit, in…
2Cited by10 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Tuscaloosa Manufacturing Co. v. CoxSupreme Court of Alabama · 1880
- Anderson v. GaileyDistrict Court, N.D. Georgia · 1929
- Collier v. Mayflower Apartments Inc.Supreme Court of Georgia · 1943
- Bush v. BonnerSupreme Court of Georgia · 1923
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