North Augusta Hotel Co. v. Wood

Supreme Court of Georgia

North Augusta Hotel Co. v. Wood

114 S.E. 32, 154 Ga. 268, 1922 Ga. LEXIS 347

Supreme Court of Georgia·Decided September 27, 1922·No. No. 2740·Published

Opinion

Fish, C. J.

The petition fails to show that the North Augusta Hotel Company has an equitable cause for enjoining the suit of Wood against the North Augusta Land Company as principal, and Miller, Jackson, and Hankinson as sureties, pending in the city court of Richmond county, and to have a certain contract of release executed by the Hotel Company and the Land Company to Wood canceled, and to have an accounting and other equitable relief. Accordingly, the court did not err in dismissing the petition on general demurrer.

Judgment affirmed.

All the Justices concur. Pierce Brothers, for plaintiff. Barrett & Hull, for defendant.

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Fish, C. J.

The petition fails to show that the North Augusta Hotel Company has an equitable cause for enjoining the suit of Wood against the North Augusta Land Company as principal, and Miller, Jackson, and Hankinson as sureties, pending in the city court of Richmond county, and to have a certain contract of release executed by the Hotel Company and the Land Company to Wood canceled, and to have an accounting and other equitable relief. Accordingly, the court did not err in dismissing the petition on general demurrer.

Judgment affirmed.

All the Justices concur. Pierce Brothers, for plaintiff. Barrett & Hull, for defendant.

North Augusta Hotel Co. v. Wood, 114 S.E. 32, 154 Ga. 268, 1922 Ga. LEXIS 347 (Ga. 1922).

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