Berry v. Mathewes
Supreme Court of Georgia
In Equity, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. This bill was filed by the plaintiffs in error, returnable to April Term, 1843, as creditors of the Habersham Iron Works Company, against the defendants in error, as stockholders, seeking to make them liable individually for the debts of the corporation, on various grounds; all of which, on demurrer, were declared insufficient, except one, viz: “ That large dividends had been distributed…
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In Equity, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. This bill was filed by the plaintiffs in error, returnable to April Term, 1843, as creditors of the Habersham Iron Works Company, against the defendants in error, as stockholders, seeking to make them liable individually for the debts of the corporation, on various grounds; all of which, on demurrer, were declared insufficient, except one, viz: “ That large dividends had been distributed by the corporation to the stockholders, which ought to have been applied to the payment of the company’s debts.” As to…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
[1.] The first ground of error assigned on the record is, that the Court below refused the complainant a continuance of his cause, for the purpose of making a substantial amendment to his bill, according to the provisions of the 4th Common Law rule of practice.
The complainant was not entitled, as a matter of right, to a continuance of his cause to make a substantial amendment to his bill. The 4th Common Law rule of practice does not apply to Equity causes. Amendments of bills pending on the Equity side of the Court on the appeal are to be…
2Cases cited2 opinions
- Kelly & Frazier v. EckfordNew York Court of Chancery · 1836
- Watts v. LawrenceNew York Court of Chancery · 1831
3Cited by5 opinions
- Bald v. NuernbergerIllinois Supreme Court · 1915
- Georgia Iron & Coal Co. v. Etowah Iron Co.Supreme Court of Georgia · 1898
- McDonald v. New World Life InsuranceWashington Supreme Court · 1913
- Bugg v. Perry & FairclothCourt of Appeals of Georgia · 1931
- Davis v. StateCourt of Appeals of Georgia · 1940