Smith v. Cooper
Supreme Court of Georgia
Ill Equity, from Muscogee Superior Court, Decision by Judge Worrill, November Term, 1856. Motion, on behalf of Simeon Smith and the Wrights, to dissolve the injunction in this cause on the following grounds, to-wit: 1st Because.said Smith and the Wrights, did not appeal from the verdict and decree in this case, and that the litigation is ended as to them. 2d. On the ground that said complainants have failed and neglected to prosecute their cause with due diligence. 3d.
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Ill Equity, from Muscogee Superior Court, Decision by Judge Worrill, November Term, 1856. Motion, on behalf of Simeon Smith and the Wrights, to dissolve the injunction in this cause on the following grounds, to-wit: 1st Because.said Smith and the Wrights, did not appeal from the verdict and decree in this case, and that the litigation is ended as to them. 2d. On the ground that said complainants have failed and neglected to prosecute their cause with due diligence. 3d. Because said case was continued at this term of the Court by complainants. After argument, the Court refused to dissolve the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
It is wholly useless to recite the facts of this case for the purposes of this decision. They would fill a volume.
[1.] In form there are three parties to the litigation, namely: the representatives of Dr. Boykin, who, together with Major Crawford, was the executor of Mrs. Polly W. Jenkins; the children of Mrs. Jones; and the children of Mrs. Wright, who were the daughters of Mrs. Jenkins, and legatees under her will. In point of fact, however, the real controversy is between these two families. Three bills are pending in the Court, one at the…
2Cases cited1 opinion
- Jones v. CrawfordSupreme Court of Georgia · 1855
3Cited by2 opinions
- Garrison v. McGuireCourt of Appeals of Georgia · 1966
- Marks v. SteinbergCourt of Appeals of Georgia · 1937