Jones v. Rountree
Court of Appeals of Georgia
Action on bond; from Brooks superior court — Judge Thomas. February 3, 1912. (Transferred from the city court of Quitman by the act abolishing that court. Acts 1911, p. 332.) Rountree, as surviving partner, claiming to be an execution creditor, brought an action to restrain Jones from committing waste on land which had been set apart as a homestead to the execution debtor. A temporary restraining order was granted, but was dissolved upon the hearing.
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Action on bond; from Brooks superior court — Judge Thomas. February 3, 1912. (Transferred from the city court of Quitman by the act abolishing that court. Acts 1911, p. 332.) Rountree, as surviving partner, claiming to be an execution creditor, brought an action to restrain Jones from committing waste on land which had been set apart as a homestead to the execution debtor. A temporary restraining order was granted, but was dissolved upon the hearing. The plaintiff desiring to supersede the judgment, for the purpose of having it reviewed in the Supreme Court, an order was passed that the…
1Opinion of the CourtPottle, J.
(After stating the foregoing facts.)
1. By § 5502 of the Civil Code (1910) it is provided that where an injunction is granted or denied, and the losing party desires to supersede the judgment, in order to have the same reviewed in the Supreme Court, the presiding judge shall “make such order and require such bond as may be necessary to preserve and protect the rights of the parties until the judgment of the Supreme Court can be had thereon.” ' The bond given in the present case was in strict accordance with the terms of the statute, but even if it had not been, the party who gave the bond and…
2Cases cited5 opinions
- Midgett v. . VannSupreme Court of North Carolina · 1912
- Wisecarver v. WisecarverSupreme Court of Virginia · 1899
- Waycross Air-Line Railroad v. Offerman & Western RailroadSupreme Court of Georgia · 1902
- Ball v. VasonSupreme Court of Georgia · 1876
- Barrett v. BowersSupreme Judicial Court of Maine · 1895
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- Adams v. AycockCourt of Appeals of Georgia · 1912
- Maryland Casualty Company v. TowCourt of Appeals of Georgia · 1944
- Ten-Fifty Ponce de Leon Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1930