Dearing v. Bank of Charleston
Supreme Court of Georgia
In Equity, in Richmond Superior Court; motion to amend. Decided by Judge Holt, March Term, 1849. A fi. fa. in favor of William Dearing against Samuel H. Peck, was levied on 310 shares of the principal stock of the Augusta Insurance and Banking Company, as the property of Peck. The stock was sold by the Sheriff and a portion bought by Dearing.
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In Equity, in Richmond Superior Court; motion to amend. Decided by Judge Holt, March Term, 1849. A fi. fa. in favor of William Dearing against Samuel H. Peck, was levied on 310 shares of the principal stock of the Augusta Insurance and Banking Company, as the property of Peck. The stock was sold by the Sheriff and a portion bought by Dearing. The Bank refusing to transfer the stock on account of a claim set up to the same by the Bank of Charleston, Dearing filed a bill in the Superior Court of Richmond County, against the Insurance and Banking Company and the Bank of Charleston, and praying…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The error assigned to the decision of the Court below is,that the complainant was permitted to amend the title of his bilb and the prayer for relief. This bill, as originally filed, was not either a bill of review, or a bill in the nature of a bill of review, *584but was a bill for discovery and relief, if its true character is to be determined by the allegations made in it. When this case was before us on a former occasion, we ruled, that the decree against the Bank of Charleston, a non-resident, was a nullity. The complainant, it is true,…
2Cited by2 opinions
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- Camp v. SimmonsSupreme Court of Georgia · 1878