Legal Opinion

Butler v. Durham

Supreme Court of Georgia

Decided June 15, 1847No. 60PublishedCited by 11 opinions

The plaintiffs in error instituted their suit in equity against the defendant in error by bill for discovery, relief and injunction in Twiggs Superior Court, returnable to the Aj)ril Term, 1847. The defendant demurred to the bill, which after argument before his honour Judge Scarborough was sustained, and the bill dismissed; which is assigned for error.

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The plaintiffs in error instituted their suit in equity against the defendant in error by bill for discovery, relief and injunction in Twiggs Superior Court, returnable to the Aj)ril Term, 1847. The defendant demurred to the bill, which after argument before his honour Judge Scarborough was sustained, and the bill dismissed; which is assigned for error. The bill alleges that at a sale by Thomas J. Perryman as administrator of James R. Lowrey, deceased, the complainant Butler, made purchases, for which he gave fifteen small notes, with Nash and also William Nelson the intestate of Hammock, as…

1Opinion of the Court

By the Court

Nisbet, J.

delivering the opinion.

The demurrer to this bill was sustained by the Court below upon several grounds. The two relied upon as erroneous before *418this Court are multifariousness, and generally a want of equity in the complainants’ case. Treating of the first named first, I shall advert afterwards to the second, with such particularity as will be sufficiently explanatory of it.

[1.] I do not believe that this bill is multifarious, and such is the judgment of this Court. It charges that one Thomas J. Perryman became administrator upon the estate of one James R. Lowrey,…

2Cited by11 opinions

  1. Christopher v. WhitmireSupreme Court of Georgia · 1945
  2. Dorman v. McDonaldSupreme Court of Florida · 1904
  3. Raines v. ShipleySupreme Court of Georgia · 1944
  4. Taylor v. CuretonSupreme Court of Georgia · 1943
  5. Stith v. WillisSupreme Court of Georgia · 1963

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