Legal Opinion

Amsler & Ferguson v. Lamar & Rankin Drug Co.

Supreme Court of Georgia

Decided April 10, 1917PublishedCited by 2 opinions

Equitable petition. Before Judge Jones. Lumpkin superior court. April 20, 1916.

1Opinion of the CourtAtkinson, J.

1. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed, except that in cases of injunction to stay pending proceedings the ■ suit may be brought in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation. Civil Code, §§ 6540, 5527.

2. In an equitable suit to enjoin a levying officer from paying over money in his hands on a chattel mortgage duly foreclosed, to which no counter-affidavit has been filed, where there is no complaint of misconduct upon his part, the levying…

2Cases cited1 opinion

  1. Malsby & Co. v. StudstillSupreme Court of Georgia · 1907

3Cited by2 opinions

  1. Bruce v. Neal BankSupreme Court of Georgia · 1917
  2. Burkhalter v. Minter-Smith Hardware Co.Supreme Court of Georgia · 1925

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