Boswell v. Boswell
Supreme Court of Georgia
Equitable petition. Before Judge Park. Oreene superior court. April 28, 1917. The administrators of L. J. Boswell filed an equitable petition in Greene superior court, against the administrator of B. P. Boswell, the S. M. Whitney Company, a copartnership, the GeorgiaElorida Trust Company, a corporation, and George K. Johnson and John W. Hamer, trustees, the last two being non-residents of the State.
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Equitable petition. Before Judge Park. Oreene superior court. April 28, 1917. The administrators of L. J. Boswell filed an equitable petition in Greene superior court, against the administrator of B. P. Boswell, the S. M. Whitney Company, a copartnership, the GeorgiaElorida Trust Company, a corporation, and George K. Johnson and John W. Hamer, trustees, the last two being non-residents of the State. The petition alleged as follows: The estate of L. J. Boswell is insolvent; judgments aggregating $12,000 were obtained against him in his lifetime, and many other claims are pressing for…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. The first question is whether the trial court had the right to hear and determine the demurrers of two of the defendants before the other defendants had been served with the petition and process. The precise question .was ruled in Thomas v. Winter, 21 Ga. 358, where it is said: “In a suit in equity against several persons, a demurrer by a part of them may be heard and determined before the others have been served with the bill.” It is there pointed out that each defendant may put in a separate or a different defense, and that separate defenses may be…
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3Cited by10 opinions
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