Spence v. Solomons Co.
Supreme Court of Georgia
Intervention. Before I. J. Hofmayer, judge pro hac vice. Mitchell superior court. May 12, 1906. J. M. Spence instituted suit against Perry’s Pharmacy, a corporation, for the purpose of foreclosing a mortgage in. equity. A receiver was appointed. Solomons Company and numerous other persons intervened.
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Intervention. Before I. J. Hofmayer, judge pro hac vice. Mitchell superior court. May 12, 1906. J. M. Spence instituted suit against Perry’s Pharmacy, a corporation, for the purpose of foreclosing a mortgage in. equity. A receiver was appointed. Solomons Company and numerous other persons intervened. Solomons Company,-intervened specially, and •sought affirmative relief against Spence, the plaintiff,' and alleged the following: 1. “That to the October term, 1905, of this honorable court, there was filed a petition by J. M. Spence against Perry’s Pharmacy, a corporation within the jurisdiction…
1Opinion of the CourtAtkinson, J.
Solomons Company found the money of Spence in the hands of a receiver in the court of equity, and sought to impound it. To accomplish that object, averring that garnishment was not the remedy, the aid of equity and the application of equitable remedies were sought. The relief prayed is not against the defendant whom Spence was suing, but against Spence. It is independent and in no way germane to the relief which Spence was seeking against Perry’s Pharmacy. It was unnecessary to call the proceeding an intervention. In a proper case, Solomons Company could, of course, by equitable remedy,…
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