Huggins v. Huggins
Supreme Court of Georgia
Petition for receiver etc. Before Judge Bussell. Clarke superior court. December 15, 1902. The administrator of J. H. Huggins Sr. sought to have a receiver appointed to take possession of property belonging to bis intestate,>nd alleged to be wrongfully retained by H. T. Huggins.
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Petition for receiver etc. Before Judge Bussell. Clarke superior court. December 15, 1902. The administrator of J. H. Huggins Sr. sought to have a receiver appointed to take possession of property belonging to bis intestate,>nd alleged to be wrongfully retained by H. T. Huggins. The administrator claimed that J. H. Huggins Sr. bad employd his son, H. T. Huggins, as clerk in a crockery business in Athens, giving him twenty-five per cent, of the profits as a salary for his services; that J. IT. Huggins Sr. subsequently .opened a store at Lula, and, to keep the two branches separate and…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) 1, 2. The contentions of the plaintiff in error make it necessary to compare two ■sections of the Civil Code: § 2629, which provides that “A joint interest in partnership property, or a joint interest in the profits and losses of the business, constitutes a partnership as to third persons,” and § 2626, which provides that a partnership “ may arise from a joint ownership, use, and enjoyment of the profits of undivided property.” Whether this last section means a “ joint ownership of undivided property” with a joint enjoyment of the profits thereof, or only…
2Cases cited7 opinions
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- Couch v. WoodruffSupreme Court of Alabama · 1879
- Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
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- Miller v. JonesIllinois Supreme Court · 1865
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3Cited by37 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Pritchett v. Thomas Plater & Co.Tennessee Supreme Court · 1920
- Rogers v. CarmichaelSupreme Court of Georgia · 1937
- Floyd v. KicklighterSupreme Court of Georgia · 1912
- Moore v. HarrisonSupreme Court of Georgia · 1947
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