Smith v. Roberts
Supreme Court of Georgia
Intervention. Before Judge Hansell. Lowndes superior court. April 29, 1898. From the-petition of Lowe and other creditors of the Mineóla Lumber Company, who asked leave to intervene in the name of the receiver who had been appointed in the main case, the following appeared: On February 29, 1896, James M. Smith, of Oglethorpe county, filed with the receiver a bid for the purchase of the company’s property which was then in the custody of the receiver, and on March 2,1896, the…
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Intervention. Before Judge Hansell. Lowndes superior court. April 29, 1898. From the-petition of Lowe and other creditors of the Mineóla Lumber Company, who asked leave to intervene in the name of the receiver who had been appointed in the main case, the following appeared: On February 29, 1896, James M. Smith, of Oglethorpe county, filed with the receiver a bid for the purchase of the company’s property which was then in the custody of the receiver, and on March 2,1896, the judge passed an order accepting the bid; but Smith refused to accept the property and pay the amount of the bid. On…
1Opinion of the CourtLittle, J.
There are several assignments of error made to the ruling of the court refusing to dismiss the petition. From the view which we take of the case, it is only necessary to refer to two questions presented by the motion to dismiss. It is a general proposition, well recognized in equity pleading and practice, that one who submits a bid for property offered for sale by a receiver under order of the court, brings himself within the jurisdiction of the “court for the purpose of .having the sale completed; and to this end the court may by rule or attachment compel the bidder to perform his part of…
2Cases cited4 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Saunders v. BellSupreme Court of Georgia · 1876
- Hendrick v. DavisSupreme Court of Georgia · 1859
- Cureton v. WrightSupreme Court of Georgia · 1884
3Cited by1 opinion
- Cml-Ga Smyrna, LLC v. Atlanta Real Estate Investments, LLCSupreme Court of Georgia · 2014