Bank of Soperton v. Holland
Supreme Court of Georgia
Equitable petition. Before Judge Mathews. Bibb superior court. April 11, 1914. This case is a continuation of the litigation before this court in the case of Bank of Soperton v. Empire Realty Trust Company, ante, 34 (82 S. E. 464), in which the grant of a receiver and an interlocutory injunction at the instance of the petitioners was under review. The facts of the case, showing its status up to the order there reversed, are set forth in the report of that ease.
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Equitable petition. Before Judge Mathews. Bibb superior court. April 11, 1914. This case is a continuation of the litigation before this court in the case of Bank of Soperton v. Empire Realty Trust Company, ante, 34 (82 S. E. 464), in which the grant of a receiver and an interlocutory injunction at the instance of the petitioners was under review. The facts of the case, showing its status up to the order there reversed, are set forth in the report of that ease. The ease came on for further hearing on the relief sought by the cross-petition of the Empire Bealty Trust Company, seeking a…
1Opinion of the CourtHill, J.
1. In the case of Bank of Soperton v. Empire Realty Trust Co., 142 Ga. 34 (82 S. E. 464), the equitable petition which is the beginning of the present litigation in effect was held not to be maintainable, because equivalent to a suit by a corporation to marshal its own assets. In that ease it was said, that “No ruling is made at this time as to what effect, if any, the acceptance of the proposed surrender of the charter of the company, made by way of cross-petition in this proceeding, and further orders based thereon, might have. Such questions are left for determination when they may arise.”
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2Cases cited1 opinion
- Bank of Soperton v. Empire Realty Trust Co.Supreme Court of Georgia · 1914
3Cited by2 opinions
- Bowles v. WhiteSupreme Court of Georgia · 1950
- Wood v. HayesSupreme Court of Georgia · 1940