Key v. Robison

Decided June 15, 1859

Supreme Court of Georgia · decided 1859-06-15

<p>Where a common-law suit is pending, and the defendant in it, files a bill in the same county, against the plaintiff, who resides in a different county, asking relief and injunction, the jurisdiction is good for the injunction, but not for the relief.</p>

Cited by 1 later decisions — most recently November 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-15

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— Stephens J.

¶1 By the Court.

¶2delivering the opinion.

¶3The only question here is as to the jurisdiction, the defendant in the bill not residing in the county where it was brought. The bill asks relief and an injunction. In Dew vs. Hamilton, 23 Ga. Reports, this Court held, that the jurisdiction was good in just such a case, for the injunction. It had frequently been ruled before, that it was not good for relief. We think in this case, the bill ought to have been retained for the injunction, but not for the relief. As the Court dismissed it altogether, the judgment must be reversed.

¶4Judgment reversed