Bryan v. Ponder
Supreme Court of Georgia
In Equity, from Thomas Superior Court. Decision by Judge Cochran, at June Term, 1857. This was a bill filed by Ephraim G. Ponder, trustee of Mrs. Mary A. E. Atkinson, against Hardy Bryan, (formerly of the State of Georgia, but at the time of the filing of the bill a citizen of the State of Louisiana,) and Shadrack Atkinson, the husband of said Mary A. E., the cestui que trust, of the State of Florida.
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In Equity, from Thomas Superior Court. Decision by Judge Cochran, at June Term, 1857. This was a bill filed by Ephraim G. Ponder, trustee of Mrs. Mary A. E. Atkinson, against Hardy Bryan, (formerly of the State of Georgia, but at the time of the filing of the bill a citizen of the State of Louisiana,) and Shadrack Atkinson, the husband of said Mary A. E., the cestui que trust, of the State of Florida. As the decision of this Court is made upon questions not arising out of the facts of the case, it is not necessary to state them. The bill amongst other things, prayed for a ne exeat against…
1Opinion of the Court
By the Court. —
McDonald, J.
delivering the opinion.
[1.] By the 12th section of the Judiciary Act of the United States, passed in 1789, if a suit be commenced in any State Court by a citizen of the State in which the suit is brought, against a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, to be made appear to the satisfaction of the Court, and the defendant, at the time of entering his appearance in such State Court, file a petition for the removal of the cause for trial in the next Circuit Court, to be held in the District…
2Cases cited1 opinion
- Rice v. TarverSupreme Court of Georgia · 1848
3Cited by12 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Thompson v. DavitteSupreme Court of Georgia · 1877
- Carnes v. CarnesSupreme Court of Georgia · 1912
- McPherson v. McPhersonSupreme Court of Georgia · 1977
- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
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