First National Bank v. Wiley
Supreme Court of Georgia
Equitable petition. Before Judge Park. Hancock superior court. February 16, 1920. R. C. Wiley and R. L. Merritt, suing as the bond commissioners of the City of Sparta, brought an equitable petition against the First National Bank of Sparta, Hancock County, the Third National Bank of Atlanta, Fulton County, the City of Sparta, and Robert Holmes, of Hancock County, and alleged substantially as follows: The two named banks are corporations •under the laws of the United States,…
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Equitable petition. Before Judge Park. Hancock superior court. February 16, 1920. R. C. Wiley and R. L. Merritt, suing as the bond commissioners of the City of Sparta, brought an equitable petition against the First National Bank of Sparta, Hancock County, the Third National Bank of Atlanta, Fulton County, the City of Sparta, and Robert Holmes, of Hancock County, and alleged substantially as follows: The two named banks are corporations •under the laws of the United States, and the City of Sparta is a municipal corporation under the laws of Georgia. By section 19 of the charter of that city…
1Opinion of the CourtHill, J.
Is the petition, the substance of which is set out in the foregoing statement of facts, subject to the demurrer filed against it? One of the grounds of demurrer is that the suit is multifarious, in that it seeks to join a suit for accounting for funds, with a suit for the recovery of certain bonds alleged to have been converted by each of the three defendants, and also with .a suit for relief against the City of Sparta. In the case of Blaisdell v. Bohr, 68 Ga. 56, it was held: “A bill is not multifarious because all of the defendants are not interested in all of the matters contained in the…
2Cases cited9 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Marshall v. MeansSupreme Court of Georgia · 1852
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3Cited by12 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Gordy v. Levison & Co.Supreme Court of Georgia · 1924
- Steadham v. CobbSupreme Court of Georgia · 1938
- Citizens & Southern Bank v. StateSupreme Court of Georgia · 1921
- City of Macon v. RiesSupreme Court of Georgia · 1934
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