Legal Opinion

Bryant v. Thomas

Supreme Court of Georgia

Decided February 20, 1915PublishedCited by 2 opinions

Petition for injunction, receivership, etc. Before Judge Raw-lings. Jefferson superior court. February 14, 16, 1914. C. S. Bryant filed an equitable petition in the superior court of Jefferson county against his debtor W. A. Thomas, and other defendants, a number of whom were also creditors of Thomas. The main defendant was a resident of Jefferson county, as were also certain named creditors.

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Petition for injunction, receivership, etc. Before Judge Raw-lings. Jefferson superior court. February 14, 16, 1914. C. S. Bryant filed an equitable petition in the superior court of Jefferson county against his debtor W. A. Thomas, and other defendants, a number of whom were also creditors of Thomas. The main defendant was a resident of Jefferson county, as were also certain named creditors. Other defendants were non-residents of that county, among them being the firm of Hunter, Pearce & Battey, who were residents of Chatham county. Petitioner held a judgment against Thomas for certain…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. One of the contentions of the defendants is that the refusal to enjoin Hunter, Pearce & Battey was necessarily right, for the reason that the court had no jurisdiction over them. In their brief they say: “The only parties against whom any substantial relief was prayed were the plaintiffs in fi. fa., Hunter, Pearce & Battey; the other parties were merely nominal parties.” The action was brought in the county of the residence of the debtor defendant, W. A. Thomas. One of its chief purposes was to obtain a receivership over all of his property, and to have…

2Cited by2 opinions

  1. Pelzel v. Pen-Mar Coal Co.West Virginia Supreme Court · 1926
  2. Hutchinson v. McCueCourt of Appeals for the Fourth Circuit · 1939

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