Epps v. Thomas
Supreme Court of Georgia
Equitable petition. Before Judge .Whipple. Stewart superior court. May 24, 1907. The petition of the plaintiffs alleged; The colored people of the town of Florence by public contributions had built a school-house, which became “the right and property of the colored people of Florence.”
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Equitable petition. Before Judge .Whipple. Stewart superior court. May 24, 1907. The petition of the plaintiffs alleged; The colored people of the town of Florence by public contributions had built a school-house, which became “the right and property of the colored people of Florence.” Daniels, one of the plaintiffs, was teacher of the school, having entered into a contract with a majority of the patrons of the school, and also with the board of education of Stewart county, to teach for a certain term. The other plaintiffs were patrons of the school. The defendants were residents of the…
1Opinion of the CourtAtkinson, J.
In a suit for injunction material allegations upon which, the plaintiffs had based their claim for equitable relief were denied. On the trial it was admitted that the only question at issue was which of the parties should pay the costs of court. When that announcement was made, the judge did not suspend the trial of the main ease and in the exercise of a sound discretion proceed to tax the costs, as he is permitted to do in equity cases (see Civil Code, §4850; Pearce v. Chastain, 3 Ga. 226 (46 Am. D. 423) ; Davidson v. Story, 106 Ga. 799 (32 S. E. 867) ; Guernsey v. Phinizy, 113 Ga. 898 (39…
2Cases cited9 opinions
- Torras v. Raeburn & VerellSupreme Court of Georgia · 1899
- Goodwin v. Mayor of SavannahSupreme Court of Georgia · 1874
- Guernsey v. PhinizySupreme Court of Georgia · 1901
- Hamilton v. DuPreSupreme Court of Georgia · 1898
- Davidson v. StorySupreme Court of Georgia · 1899
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3Cited by2 opinions
- Capital City Tobacco Co. v. AndersonSupreme Court of Georgia · 1912
- Rogers v. TaintorSupreme Court of Georgia · 1945