Legal Opinion

Oliver v. Bullock

Court of Appeals of Georgia

Decided April 11, 1922No. 13222PublishedCited by 2 opinions

Complaint; from Chatham superior court — Judge Meldrim. December 21, 1921. Certiorari was granted by the Supreme Court. In this suit S. H Bullock, as receiver for a banking corporation of the State of Florida, sought to recover from- Edgar J. Oliver the amount of an assessment upon 23 shares of stock. The defendant was a resident of Chatham county, Georgia, and the suit was brought in the superior court of that county.

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Complaint; from Chatham superior court — Judge Meldrim. December 21, 1921. Certiorari was granted by the Supreme Court. In this suit S. H Bullock, as receiver for a banking corporation of the State of Florida, sought to recover from- Edgar J. Oliver the amount of an assessment upon 23 shares of stock. The defendant was a resident of Chatham county, Georgia, and the suit was brought in the superior court of that county. The material portions of the Florida statute, under which the receiver was appointed and upon which this action is based, is as follows: “ On becoming satisfied, . . upon…

1Opinion of the CourtBroyles, C. J.

(After stating the foregoing facts.) As we view this case it is only necessary to consider the general demurrer, for in our opinion the petition failed to set forth a cause of action. The suit was brought in a court of this State by a receiver appointed under and by virtue of a statute of a sister State — Florida — and his appointment confirmed by a court of competent jurisdiction of that State. Such a receiver is without authority to enforce his rights beyond the jurisdiction o* the court appointing him. The defendant in error contends that such is not the true rule, and cites, among other…

2Cases cited14 opinions

  1. Hale v. AllinsonSupreme Court of the United States · 1903
  2. Relfe v. RundleSupreme Court of the United States · 1881
  3. Great Western Mining & Manufacturing Co. v. HarrisSupreme Court of the United States · 1905
  4. Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
  5. Sterrett Ex Rel. Alabama Trust & Savings Co. v. Second National BankSupreme Court of the United States · 1918

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3Cited by2 opinions

  1. Bullock v. OliverSupreme Court of Georgia · 1923
  2. Oliver v. BullockCourt of Appeals of Georgia · 1923

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