Watson v. Goolsby
Supreme Court of Georgia
Injunction and receiver. Judgments. Estates. Parties. Appeals. County courts. Jurisdiction.' Amendments. Before Judge Jenkins. Jasper county.
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Injunction and receiver. Judgments. Estates. Parties. Appeals. County courts. Jurisdiction.' Amendments. Before Judge Jenkins. Jasper county. At chambers, January 20, 1891. The judge put his refusal of injunction and receiver (which is the judgment excepted to) upon .the ground that John K. Goolsby jr., the minor child of John K. Goolsby and Julia E. Goolsby, has such an interest in the income of the land conveyed by the deed below set forth, as made him a necessary party to an action which resulted in a verdict and judgment taken by consent of the parties, in which it was ordered that the…
1Opinion of the Court
Simmons, Justice.
The trial judge placed his refusal of an injunction and the appointment of a receiver in this case upon the ground that the minor son was interested in the land and the fund; that he had not been properly served in the common law suit, and therefore the judgment or decree sought to be enforced in this equitable petition did not bind him. We think the trial judge was wrong in holding that the infant had an interest which the judgment or decree would bind had he been properly served. Mrs. Goolsby, the mother, is the only person having a direct interest in the land. She has a…
2Cited by1 opinion
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