Bartlett v. Taylor
Supreme Court of Georgia
Complaint. Before Judge Mathews. Bibb superior court. February 2, 1916. In 1907 Schofield and others, directors of the Exchange Bank of Macon, filed in the superior court of Bibb county a suit in which they made the bank and certain stockholders defendants; and prayed for a receiver to be appointed for the bank, which they as directors found themselves no longer able to operate.
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Complaint. Before Judge Mathews. Bibb superior court. February 2, 1916. In 1907 Schofield and others, directors of the Exchange Bank of Macon, filed in the superior court of Bibb county a suit in which they made the bank and certain stockholders defendants; and prayed for a receiver to be appointed for the bank, which they as directors found themselves no longer able to operate. Beceivers were duly appointed, who subsequently made application to the court for leave to bring a suit against the stockholders upon their charter liability; and leave being granted, they filed suit in Bibb superior…
1Opinion of the CourtAtkinson, J.
1. When this case was before the Supreme Court on a former oeeasion (Turpin v. Taylor, 143 Ga. 224, 84 S. E. 547), it was held: “Under the facts of this ease the court did not err in refusing to dismiss the case, and in allowing the plaintiffs to amend the process making-it returnable to the next succeeding term of court after that to which it was actually made returnable. But the court should have gone a step further in the order, and provided for service anew of the suit, with the amended process attached. As the complaining parties were not properly before the court when the rulings upon…
2Cases cited4 opinions
- Knox v. StateSupreme Court of Georgia · 1901
- Goldsmith v. Georgia RailroadSupreme Court of Georgia · 1879
- Hubbard v. McCreaSupreme Court of Georgia · 1898
- Turpin v. TaylorSupreme Court of Georgia · 1915
3Cited by3 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- Byrd v. Prudential InsuranceSupreme Court of Georgia · 1937
- Georgia Power Company v. ThompsonCourt of Appeals of Georgia · 1941