Hays v. Urquhart

Supreme Court of Georgia

Hays v. Urquhart

63 Ga. 323

CourtSupreme Court of Georgia

DecidedSeptember 15, 1879

StatusPublished

Cited by2 cases

This text of 63 Ga. 323 (Hays v. Urquhart) 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

Hays v. Urquhart, 63 Ga. 323 (Ga. 1879).

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Opinion

Jackson, Justice.

The chancellor was right, we both think, to deny the application for the injunction. If the disputed facts on other points did not control the case under the repeated rulings of this court iu respect to the discretion of the chancellor, the statute of limitations would settle it against the injunction. The gravamen of the bill rests upon an alleged tort in forcibly taking the note from the complainant, and she waited without reasonable excuse until judgment was had on .the note, and the tort was barred at law. She is also barred in equity. Code, §3059, 2924.

Judgment affirmed.

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Jackson, Justice.

The chancellor was right, we both think, to deny the application for the injunction. If the disputed facts on other points did not control the case under the repeated rulings of this court iu respect to the discretion of the chancellor, the statute of limitations would settle it against the injunction. The gravamen of the bill rests upon an alleged tort in forcibly taking the note from the complainant, and she waited without reasonable excuse until judgment was had on .the note, and the tort was barred at law. She is also barred in equity. Code, §3059, 2924.

Judgment affirmed.

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Bluebook (online)

63 Ga. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hays-v-urquhart-ga-1879.

Opinion

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