Thompson v. McCulloch

Supreme Court of Georgia

Thompson v. McCulloch

16 Ga. 527

CourtSupreme Court of Georgia

DecidedOctober 15, 1854

DocketNo. 56

StatusPublished

Cited by1 cases

This text of 16 Ga. 527 (Thompson v. McCulloch) 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

Thompson v. McCulloch, 16 Ga. 527 (Ga. 1854).

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Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The bill, as amended, cannot be sustained. As at first framed, it made a clear case for Equity. As amended, the complainants, by their own showing, have a full, complete and adequate remedy at Law. Consequently; it is not a case of election; for by electing to abide by the amendment, they elect to go out of Court.

The judgment below, then, must be affirmed, with leave to the parties to strike out the amendment and stand upon the original bill. Upon the doing of which, within a reasonable time, it is the direction of this Court that the order dismissing the bill be set aside, and the cause re-instated.

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By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The bill, as amended, cannot be sustained. As at first framed, it made a clear case for Equity. As amended, the complainants, by their own showing, have a full, complete and adequate remedy at Law. Consequently; it is not a case of election; for by electing to abide by the amendment, they elect to go out of Court.

The judgment below, then, must be affirmed, with leave to the parties to strike out the amendment and stand upon the original bill. Upon the doing of which, within a reasonable time, it is the direction of this Court that the order dismissing the bill be set aside, and the cause re-instated.

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Bluebook (online)

16 Ga. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-mcculloch-ga-1854.

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