Rooney v. Southern Building & Loan Ass'n
Supreme Court of Georgia
Complaint. Before Judge Eve. City court of Richmond county. January 13,1903. The Southern Building and Loan Association of Huntsville, Alabama, sued James Rooney, of Richmond county, Georgia, on a sealed note dated at Huntsville, Ala., July 24, 1895, whereby he promised to pay the company “ at its office in Huntsville,” $2,500 with interest at five per cent, per annum, payable monthly, and a premium of five per cent, per annum, payable monthly, for a loan under an…
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Complaint. Before Judge Eve. City court of Richmond county. January 13,1903. The Southern Building and Loan Association of Huntsville, Alabama, sued James Rooney, of Richmond county, Georgia, on a sealed note dated at Huntsville, Ala., July 24, 1895, whereby he promised to pay the company “ at its office in Huntsville,” $2,500 with interest at five per cent, per annum, payable monthly, and a premium of five per cent, per annum, payable monthly, for a loan under an application dated July 10, 1895, on 50 membership shares. He transferred the shares as collateral for the payment of the loan.…
1Opinion of the CourtLamar, J.
On the call of the case the defendant moved to continue, on the ground that the plaintiff had been put into the hands of a receiver, who was authorized to intervene in the present suit, supporting the same by certified copies of the order of the circuit courts of the United States in Alabama and Georgia. The defendant, by a plea in abatement, or motion to make parties, might have raised the question as to whether the case could be prosecuted in the name of the plaintiff, or in its name for the use of the receiver, or by the receiver alone. But this could not be done by a motion to continue.…
2Cases cited11 opinions
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- Smith v. Muncie National BankIndiana Supreme Court · 1867
- Griffin v. Mutual Life InsuranceSupreme Court of Georgia · 1904
- Hubble v. Morristown Land Co.Tennessee Supreme Court · 1895
- Craven v. Bates, Kingsbery & Co.Supreme Court of Georgia · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Gate City Cotton Mills v. MillsSupreme Court of Georgia · 1907
- Collings v. Industrial Savings SocietySupreme Court of Oklahoma · 1923
- MacKey v. ThompsonSupreme Court of Florida · 1943
- McIntosh v. Thomasville Real Estate & Improvement Co.Supreme Court of Georgia · 1912
5 more not listed; retrieve them via the Exa API.