Kean v. Lathrop
Supreme Court of Georgia
Equity. Discovery. Practice in the Superior Court. Judge. Before Judge Harris. Chatham Superior Court. May Term, 1876. On January 13th, 1876, Eliza M. Kean, as guardian of her lunatic husband, filed her bill against Henry Lathrop, for an account of the property and assets of her ward, which she charged went into the possession of said defendant at the time her husband became non compos menUs.
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Equity. Discovery. Practice in the Superior Court. Judge. Before Judge Harris. Chatham Superior Court. May Term, 1876. On January 13th, 1876, Eliza M. Kean, as guardian of her lunatic husband, filed her bill against Henry Lathrop, for an account of the property and assets of her ward, which she charged went into the possession of said defendant at the time her husband became non compos menUs. Amongst other defenses, the defendant pleaded, that at the November term, 1874, of Chatham superior court, the complainant exhibited her bill against the defendant, in all respects identical with the…
1Opinion of the Court
Bleckley, Judge.
1. “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, and, if done in term time, the clerk or justice shall enter such dismissal on ■the docket.” Code, §3447. “A complainant may dismiss his bill at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant. If equitable claims, by way of set-off or otherwise, have been set up by the answer, the dismissal of - the bill shall not interfere with the defendant’s right to a hearing and trial on such claims in that proceeding.” Code, §4190.…
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