Legal Opinion

Carling v. Seymour Lumber Co.

Court of Appeals for the Fifth Circuit

Decided February 11, 1902No. 1,110PublishedCited by 44 opinions

Petition .for Revision of Proceedings of the District Court of the United States for the Southern District of Georgia. This is a petition in equity to this court, under the jurisdiction conferred on it by clause “b” of section 24 of the bankruptcy act of July 1, 1S9S (30 Stat. 553), to superintend and revise in matter of law certain proceedings in bankruptcy of the district court of the United States of the Southern district of Georgia.

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Petition .for Revision of Proceedings of the District Court of the United States for the Southern District of Georgia. This is a petition in equity to this court, under the jurisdiction conferred on it by clause “b” of section 24 of the bankruptcy act of July 1, 1S9S (30 Stat. 553), to superintend and revise in matter of law certain proceedings in bankruptcy of the district court of the United States of the Southern district of Georgia. A full statement of the facts will be necessary to make clear the questions that are raised by the petition. Proceedings in the State Court. On the 1st day of…

1Opinion of the CourtShelby, Circuit Judge

Under the Georgia system the superior courts have exclusive jurisdiction in cases affecting the title to lands and in equity cases. The superior court of Bibb county, Ga., is a court of general jurisdiction, and has the powers and jurisdiction of a court of chancery. Code Ga. 1895, § 5842. It has, by express statute, jurisdiction of suits to foreclose mortgages (Id. 2770); and to appoint receivers (Id. 4904). The judges of the superior courts *488are, in equity cases, chancellors. While bills in. equity are “abolished” (Id. 4931), they survive in the “petition,” which is addressed to the court,…

2Cases cited20 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. In Re TylerSupreme Court of the United States · 1893
  3. Eyster v. GaffSupreme Court of the United States · 1876
  4. Bryan v. BernheimerSupreme Court of the United States · 1901
  5. Moran v. SturgesSupreme Court of the United States · 1894

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3Cited by44 opinions

  1. Straton v. NewSupreme Court of the United States · 1931
  2. Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
  3. Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
  4. In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
  5. Blair v. BraileyCourt of Appeals for the Fifth Circuit · 1915

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

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