Tate v. Goode
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Lumpkin superior court. October 18, 1909. W. B. Tate filed his petition against Barilla D. Satterfield, Mike Goode, and several other defendants, some of whom were residents of the county where the suit was filed, and others were non-residents. Service was had on the non-residents by publication.
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Equitable petition. Before Judge Kimsey. Lumpkin superior court. October 18, 1909. W. B. Tate filed his petition against Barilla D. Satterfield, Mike Goode, and several other defendants, some of whom were residents of the county where the suit was filed, and others were non-residents. Service was had on the non-residents by publication. In the petition it was alleged that a testator devised certain lands to A and B, and conferred upon his executor power to sell any portion of the land, should this be necessary by reason of some cause unforeseen to the testator, with the consent of the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
The only matter passed on by this court was the correctness of the judgment overruling the demurrer of the excepting defendants. *740When that judgment was found to be erroneous, the subsequent proceedings, at least as against the demurrants, were nugatory and presented no question for adjudication. Jones v. Hurst, 91 Ga. 338 (17 S. E. 635). It will be observed from the statement of facts that the grounds of the demurrer went to the right of the plaintiff to maintain his cause of action, and were common to all the defendants. The trial court was called upon…
2Cases cited8 opinions
- Jones v. HurstSupreme Court of Georgia · 1893
- Lippman v. Ætna InsuranceSupreme Court of Georgia · 1904
- Willie v. ThomasTexas Supreme Court · 1858
- Calhoun v. MosleySupreme Court of Georgia · 1902
- Satterfield v. TateSupreme Court of Georgia · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
- Huey v. National BankSupreme Court of Georgia · 1933
- Moore v. HarrisonSupreme Court of Georgia · 1947
- Tillman v. DavisSupreme Court of Georgia · 1917
22 more not listed; retrieve them via the Exa API.