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23 Ga. 352

Rodahan v. Driver

Supreme Court of Georgia

Decided August 15, 1857

Supreme Court of Georgia · decided 1857-08-15

In Equity, in Carroll Superior Court. Decision by Judge Hammond, at chambers, on a motion to dissolve an injunc tion. This was a bill filed by John Rodahan and Charles Rodahan, against W. W. Driver and George W. Driver, executors of the last will and testament of John Driver, deceased.

Decided 1857-08-15

¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3We think the Court right in dissolving the injunction in this case. Indeed it ought never to have been granted, except as to the amount of the mistake claimed by the defendants.

¶4The plaintiffs in the judgments, having credited their debt with the amount of the mistake, which they admit, as they should have done, and swore positively that that is all to which defendants are entitled; the equity of the bill is gone, so far as the injunction is concerned, and Wm. Rodahan must look to the final hearing for the balance which he claims. He states no special reason why he cannot get adequate redress in this way.

¶5Judgment affirmed.

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