Casey v. McDaniel

Supreme Court of Georgia

Casey v. McDaniel

113 S.E. 804, 154 Ga. 181, 1922 Ga. LEXIS 323

CourtSupreme Court of Georgia

DecidedSeptember 16, 1922

DocketNo. 2752

StatusPublished

Cited by3 cases

This text of 113 S.E. 804 (Casey v. McDaniel) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casey v. McDaniel, 113 S.E. 804, 154 Ga. 181, 1922 Ga. LEXIS 323 (Ga. 1922).

Pincite

Opinion

Atkinson, J.

1. It has been held by this court that “ Where two parties entered into a written contract, whereby one of them was to let the other have fifty acres of land, and was to furnish sufficient stock to cultivate it, and the other was to furnish the labor, and they were to divide the crops, if the former failed to furnish the necessary plow-stock and took charge of the crops, in the absence of any allegation of insolvency, there was an ample remedy at law, and a resort to equity was unnecessary.” Nicholson v. Cook, 76 Ga. 24. See also Bussell V. Bishop, 152 Ga. 428 (110 S. E. 174). Applying the principle above stated, the judge did not err in refusing a temporary injunction.

Judgment affirmed.

All the Justices concur.

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Atkinson, J.

1. It has been held by this court that “ Where two parties entered into a written contract, whereby one of them was to let the other have fifty acres of land, and was to furnish sufficient stock to cultivate it, and the other was to furnish the labor, and they were to divide the crops, if the former failed to furnish the necessary plow-stock and took charge of the crops, in the absence of any allegation of insolvency, there was an ample remedy at law, and a resort to equity was unnecessary.” Nicholson v. Cook, 76 Ga. 24. See also Bussell V. Bishop, 152 Ga. 428 (110 S. E. 174). Applying the principle above stated, the judge did not err in refusing a temporary injunction.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

113 S.E. 804, 154 Ga. 181, 1922 Ga. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-mcdaniel-ga-1922.

Opinion

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