Smith v.Bryan
Supreme Court of Georgia
In Equity, in Lee Superior Court. Motion to dissolve Injunction and dismiss Bill. Decided by Judge Richard H. Clark. At Chambers, October, 1864. Smith filed his bill against Bryan in Lee Superior Court, returnable to September Term, 1864. Bryan did not reside in Lee, but in Macon county, and this fact appeared on the face of the bill; and upon it, the defendant denied the jurisdiction of the Court. ’ He presented that defence at the first term, both by demurrer and by plea.
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In Equity, in Lee Superior Court. Motion to dissolve Injunction and dismiss Bill. Decided by Judge Richard H. Clark. At Chambers, October, 1864. Smith filed his bill against Bryan in Lee Superior Court, returnable to September Term, 1864. Bryan did not reside in Lee, but in Macon county, and this fact appeared on the face of the bill; and upon it, the defendant denied the jurisdiction of the Court. ’ He presented that defence at the first term, both by demurrer and by plea. He, also, at the same time filed his answer to the allegations of the bill; indeed, all the modes of defence were…
1Opinion of the Court
By the Court.
Jenkins, J.
delivering the opinion.
Defendant, in the Court below, moved to dismiss the Bill, first, for want of jurisdiction in the Court, and, secondly, for want of equity in the Bill.
He also moved to dissolve the injunction, on the ground that the equity of the Bill had been removed by the answer in direct response to it. The Court below dismissed the Bill upon the first ground, but expressed the opinion that there was equity in the Bill, which had not been sworn off. To the first portion of his ruling the complainant excepted, as did the defendant to the last.
[1.] Had the…
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