Galloway v. Vestal
Supreme Court of Georgia
Equitable petition. Before Judge Morris. Fannin ■ superior court. October 21, 1909. Mrs. M. A. Galloway, for herself and as next friend of Lillie M., Mamie A., Everett C., and Thomas G. Galloway, aged respectively 17, 11, 9, and 5 years of age, brought against John Vestal an equitable petition for injunction, cancellation ,of a deed, and other equitable relief.
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Equitable petition. Before Judge Morris. Fannin ■ superior court. October 21, 1909. Mrs. M. A. Galloway, for herself and as next friend of Lillie M., Mamie A., Everett C., and Thomas G. Galloway, aged respectively 17, 11, 9, and 5 years of age, brought against John Vestal an equitable petition for injunction, cancellation ,of a deed, and other equitable relief. It appears from the petition that Mrs. M. A. Galloway is the widow of George Galloway, and that the minors named above are their children. George Galloway died June 2, 1905; and on June 12, 1905, his widow, for herself and the minor…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1, 2. The rulings in the first two headnotes are sufficient without discussion.
3. The petition in this ease is inartificial, and contains much that is unnecessary in a statement of the case and is purely surplusage; but there was no special demurrer pointing out particular defects in the plaintiffs’ statement of their case. The defendant relied entirely upon his contention that no cause of action was stated; and the court below, agreeing with the defendant, dismissed the petition. The court must have reached his conclusion upon the' ground that the return of the…
2Cases cited1 opinion
- Lee v. English & Co.Supreme Court of Georgia · 1899
3Cited by7 opinions
- Hendrix v. CauseySupreme Court of Georgia · 1918
- Guarantee Trust Life Insurance v. HillCourt of Appeals of Georgia · 1954
- Lane v. JacksonSupreme Court of Georgia · 1921
- Bridges v. BradySupreme Court of Georgia · 1924
- Seeland v. Denton Realty Corp.Supreme Court of Georgia · 1918
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