Supreme Court of Georgia January 15, 1847, No. 12 (Executors of Henderson v. Alexander)

By the Court

Nisbet, J.

delivering the opinion.

The facts disclosed in the record of this cause are as follows. Majors Henderson sued the defendant, Moses Alexander, in an action of debt, upon a promissory note. Pending the action, the defendant filed a bill enjoining it. - This bill, after some years of litigation, was dismissed by the'complainant, and left the Common Law action to proceed.