Schley v. Dixon
Supreme Court of Georgia
In Equity, from Muscogee County. Decided by Judge Worrirl, November Term, 1857. The bill of exceptions in this case was filed to the decision of the Court below — sustaining a demurrer and dismissing the bill.
Read the full summary
In Equity, from Muscogee County. Decided by Judge Worrirl, November Term, 1857. The bill of exceptions in this case was filed to the decision of the Court below — sustaining a demurrer and dismissing the bill. The following are the facts of the case: William Schley having obtained judgment in an action at law upon a bill of exchange against the Planters & Mechanics Bank of Columbus, filed his bill in equity on behalf of himself and other creditors of the bank, against Ann E. McDougald as administratrix of Daniel McDougald, James M. Chambérs and Elvira Flewellen, Abner Flewellen, and William…
1Opinion of the Court
McDonald J.,
By the Court. delivering the opinion.
There was a general demurrer filed to this bill, which was sustained in the Court below, and on the judgment of the Court on the demurrer, error is assigned. The counsel for the defendants in error in this Court, insist in support of the demurrer, on the following grounds:
1st. That a creditor’s bill will not lie for fraud.
2d. It does not appear by the bill, that there was demand, notice and protest of the bill of exchange on which the judgment was obtained which the plaintiffs in error seeks *277to enforce against the stockholders, and it was a…
2Cited by16 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Winchester v. HowardCalifornia Supreme Court · 1902
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Hines v. WilsonSupreme Court of Georgia · 1927
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
11 more not listed; retrieve them via the Exa API.