Central Bank & Trust Corp. v. Piedmont Portland Cement Co.
Supreme Court of Georgia
Receivership and intervention. Before Judge Ellis. Fulton superior court. November 3, 1916. A petition was filed against a corporation by certain of its stockholders, praying for injunction and receiver; and receivers were appointed. An ancillary proceeding filed by the receivers, to make . certain parties defendant to the pending litigation, was dismissed by the court.
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Receivership and intervention. Before Judge Ellis. Fulton superior court. November 3, 1916. A petition was filed against a corporation by certain of its stockholders, praying for injunction and receiver; and receivers were appointed. An ancillary proceeding filed by the receivers, to make . certain parties defendant to the pending litigation, was dismissed by the court. A number of interventions were allowed, making parties plaintiff certain creditors of the corporation, who sought the payment of their various debts against the corporation or its receivers. As a result of the final verdict…
1Opinion of the CourtHill, J.
From the foregoing statement of facts it appears that the original petition was neither a creditors’ bill, nor a stockholders’ bill, nor a bill to marshal the assets of the corporation. *333If it were, section 5408 of the Civil Code might apply. That section is as follows: “Any person claiming equitable relief may make all necessary parties to secure equitable relief, either at the beginning of his suit or afterwards by amendment; and may make amendments in matter of form or substance.” The order of the court to which exception is taken was improperly granted. The litigation growing out of the…
2Cases cited1 opinion
- Real Estate Bank & Trust Co. v. Baldwin Locomotive WorksSupreme Court of Georgia · 1916
3Cited by1 opinion
- Horne v. SkinnerSupreme Court of Georgia · 1950