Smith v. Dobbins
Supreme Court of Georgia
Equity. Debtor and creditor. Fraud. Contracts. Levy and sale. Before Judge Milner. Bartow superior court. January term, 1890. Dobbins by his bill filed June 11, 1887, alleged the following : Sometime previous to the first Tuesday in October, 1881, one Burkhalter had bargained with W. T. Wofford, then in life, to sell Wofford certain land (describing it), and for the purchase price of the land Wofford had given Burkhalter his promissory notes, taking BurkhalterV bond for…
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Equity. Debtor and creditor. Fraud. Contracts. Levy and sale. Before Judge Milner. Bartow superior court. January term, 1890. Dobbins by his bill filed June 11, 1887, alleged the following : Sometime previous to the first Tuesday in October, 1881, one Burkhalter had bargained with W. T. Wofford, then in life, to sell Wofford certain land (describing it), and for the purchase price of the land Wofford had given Burkhalter his promissory notes, taking BurkhalterV bond for titles. Wofford paid a part of the purchase money, and having failed to pay the balance, Burkhalter brought suit therefor,…
1Opinion of the Court
Lumpkin, Justice.
The facts of this case are set forth in the reporter’s statement.
1. The doctrine is well established that equity will interfere to restrain the bringing of a multiplicity of suits when the rights of all concerned may be adjudicated without prejudice to any in a single proceeding, and there is no reason in principle why this rule should not be applied to cases already brought and pending by consolidating them into a single case. In 1 High on Injunctions, §12, we find the following: “Where there is one common right in controversy which is to be established by or against several…
2Cases cited2 opinions
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Orton v. MaddenSupreme Court of Georgia · 1886
3Cited by19 opinions
- Dobbs v. Federal Deposit InsuranceSupreme Court of Georgia · 1939
- O'Malley v. WilsonSupreme Court of Georgia · 1936
- Travelers Indemnity Co. v. HoodCourt of Appeals of Georgia · 1964
- Ferrell v. WightSupreme Court of Georgia · 1938
- Illinois Central Railroad v. GarrisonMississippi Supreme Court · 1902
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