Mansfield v. Gray
Supreme Court of Georgia
Equitable petition. Before Judge Munro. Taylor superior court. March 28, 1921.
1Opinion of the CourtFish, C. J.
1. A petition for injunction to stay-' a pending proceeding may be filed in the court where the proceeding is pending, though the party instituting it resides in a different county; provided no relief is prayed as to matters not included in such litigation. Civil Code (1910), § 5527.
2. A distress warrant and a statutory counter-affidavit thereto, when duly returned to the superior court of the county of the defendant’s resi*415dence, for trial of the issue thus made, constitute, until disposed of, a pending proceeding within the meaning of the Civil Code, § 5527. Bedgood v. Carlton, 145 Ga. 54…
2Cases cited1 opinion
- Bedgood v. CarltonSupreme Court of Georgia · 1916
3Cited by2 opinions
- Vickers v. RobinsonSupreme Court of Georgia · 1924
- West View Corp. v. Thunderbolt Yacht Basin Inc.Supreme Court of Georgia · 1951