Printup v. Cherokee Railroad
Supreme Court of Georgia
Injunction. Receiver. Practice Supreme Court. Before Judge Parrott. Bartow county. Chambers. January, 1872. Early in December, 1871, said railroad.company filed a bill, averring that Henry Clews & Company claimed to be its creditor for a large amount, because they held bonds purporting to be issued by it and indorsed by the State of Georgia ; that, for reasons given, said bonds were void, as to said company and said State; that various other named parties were its creditors,…
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Injunction. Receiver. Practice Supreme Court. Before Judge Parrott. Bartow county. Chambers. January, 1872. Early in December, 1871, said railroad.company filed a bill, averring that Henry Clews & Company claimed to be its creditor for a large amount, because they held bonds purporting to be issued by it and indorsed by the State of Georgia ; that, for reasons given, said bonds were void, as to said company and said State; that various other named parties were its creditors, and some of them had judgments against it and would sell its property. To avoid a multiplicity of suits, for the…
1Opinion of the Court
McCay, Judge.
We do not undertake to say whether the State had or had not any right to take possession of this road. All we decide is, that the State cannot be made a party to this suit against or without her consent, and this cannot be gotten around by making her agent a party. If the State was in possession, it is not in the power of the judiciary to oust her, since the State, as such, cannot be impleaded in her own Courts, except by express consent of the proper authorities.
If, therefore, there be anything in the judgment of the Court affecting the interest or the status of the State as to…
2Cited by18 opinions
- Lathrop v. DealSupreme Court of Georgia · 2017
- Roberts v. BarwickSupreme Court of Georgia · 1939
- Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
- Cannon v. MontgomerySupreme Court of Georgia · 1937
- Wilkinson v. StateUtah Supreme Court · 1913
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