Southern Railway Co. v. Lancaster
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Nunnally (of the city court). Eloyd superior court. July 29, 1918. George D. Lancaster, for himself and others similarly situated who might join him in the action, brought an equitable petition in Floyd superior court, returnable to the July term, 1910, against the Selma, Rome & Dalton Railroad Company, to foreclose a trust deed or mortgage dated July 1, 1870, given to James P. Wallace as trustee, on the railroad of the Selma,…
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Exceptions to auditor’s report. Before Judge Nunnally (of the city court). Eloyd superior court. July 29, 1918. George D. Lancaster, for himself and others similarly situated who might join him in the action, brought an equitable petition in Floyd superior court, returnable to the July term, 1910, against the Selma, Rome & Dalton Railroad Company, to foreclose a trust deed or mortgage dated July 1, 1870, given to James P. Wallace as trustee, on the railroad of the Selma, Rome & Dalton Railroad Company, extending from Selma, Alabama via Rome to Dalton, Georgia, with all its appurtenances,…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The defendants in error move in this court to dismiss the main bill of exceptions, on the ground that the Selma, Rome & Dalton Eailroad Company is not made a party to the bill of exceptions, citing the rule that when one of two or more defendants, against whom a decree has been rendered brings a writ of error to reverse it, it is necessary for him to join his codefendants as plaintiffs in error. The motion is not meritorious. "While this case was brought originally against the Selma, Eome & Dalton Railroad Company, the petition alleges that the company has…
2Cases cited26 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
- Alsop v. RikerSupreme Court of the United States · 1894
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