Legal Opinion

Lester v. Wright

Supreme Court of Georgia

Decided March 23, 1916PublishedCited by 5 opinions

Original application for writ of prohibition, etc. Two pending causes were consolidated in Fulton superior court as an equitable action, viz.: Wright, insurance commissioner, v. Empire Life Insurance Company, wherein the affairs of the insurance company were placed within the control of the plaintiff, under the act of 1912 (Ga. L. 1912, p. 119) as amended by the act of 1914 (Ga.

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Original application for writ of prohibition, etc. Two pending causes were consolidated in Fulton superior court as an equitable action, viz.: Wright, insurance commissioner, v. Empire Life Insurance Company, wherein the affairs of the insurance company were placed within the control of the plaintiff, under the act of 1912 (Ga. L. 1912, p. 119) as amended by the act of 1914 (Ga. L. 1914, p. 135); and Brown et al. v. Empire Life Insurance Company, a suit for receivership and other equitable remedies and relief. In the progress of the litigation the insuranee commissioner filed, a petition for…

1Opinion of the Court

Per Curiam,

1. The decree involved in this case is not of such a character as to authorize exception to it as a final decree, with the right in the plaintiffs in error to have a supersedeas hy paying the costs and giving bond under the Civil Code (1910), § 6165, par. 1, or filing an affidavit in forma pauperis under the third division of that section in lieu of paying the costs and giving bond. In its main features it is an interlocutory, administrative order in an equitable action. If there is any feature of it, such as overruling demurrers to the petition and amended petition, from which…

2Cases cited6 opinions

  1. Booth v. StateSupreme Court of Georgia · 1908
  2. Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
  3. Massachusetts Bonding & Insurance v. Realty Trust Co.Supreme Court of Georgia · 1912
  4. Smith v. EstesSupreme Court of Georgia · 1907
  5. Farmers & Merchants Bank v. BurwellSupreme Court of Georgia · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Lester v. WrightSupreme Court of Georgia · 1917
  2. Williford v. DavisSupreme Court of Georgia · 1935
  3. Smith v. JohnsonSupreme Court of Georgia · 1919
  4. Leonard Bros. Trucking Co. v. Crymes Transports, Inc.Court of Appeals of Georgia · 1971
  5. Leonard Bros. Trucking Co. v. Crymes Transports, Inc.Court of Appeals of Georgia · 1971

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