24 Ga. 473 | Ga. | 1858
By Ike Court. delivering the opinion.
We therefore decide that there is no error in the refusal of the Court below to dismiss the bill on the said two grounds in the motion.
I doubt exceedingly if either point brought up in this record, could legally have been presented to this Court for revision, uuderthe law of its organization.
A motion was also made in this cause by Simeon Smith, and the Wrights to dissolve the injunction in said cause, on .the grounds:
1st. That Simeon Smith and the Wrights did not appeal from the verdict and decree in this cause, and that the litigation is ended as to them.
3d. Because the complainants have failed and neglected to prosecute their cause with due diligence.
3d. Because the cause was continued at this term of the Court by the complainants.
B. Hill, Esq., stated in response to the motion to dissolve the injunction that previous to the May Term of the Court, he had filed an amendment to the bill of complainant,-^hich was received ; that said amendment was lost, and that twenty days before that term of the Court, he had re-filed the said amendment and served the same on the defendants, and that said amendment had not been answered. The Wrights and Smith objected tothe making of this ■ statement, andón its being allowed by the Court to be made, they excepted.
On none of the olher grounds will we attempt to control the discretion of the presiding chancellor in the Court below.
Judgment affirmed.