Tolleson v. Greene
Supreme Court of Georgia
Habeas corpus. Evidence. Discovery. Equity. Contempt. Jurisdiction. Practice. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1889. Tolleson filed his petition, alleging that he was restrained of his liberty bj^ the jailer of Fulton county under the following order : “People’s Saving Bank v. The Mercantile Banking Company. “In the matter of the petition of C. S. Northen, receiver, for order to turn over assets.
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Habeas corpus. Evidence. Discovery. Equity. Contempt. Jurisdiction. Practice. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1889. Tolleson filed his petition, alleging that he was restrained of his liberty bj^ the jailer of Fulton county under the following order : “People’s Saving Bank v. The Mercantile Banking Company. “In the matter of the petition of C. S. Northen, receiver, for order to turn over assets. “On hearing the above stated motion of said receiver and on considering the evidence, it is ordered that J. R. Tolleson and James M. Richards be and they are hereby…
1Opinion of the Court
Bleckley, Chief Justice.
1. To come at once to the essence of this case, the *502mistake, we conceive, of counsel for the plaintiff in error is, in not drawing the distinction between discovery and relief. No discovery of facts which would tend to criminate the party can be compelled. Story Eq. Pl. §§591 to 594. But as a measure of relief, to compel a party to part with property which he may have stolen is no violation of any privilege which the law gives. Id. §525. There certainly can be no privilege in any person to hold on to the fruits of crime as a means of preventing punishment. Here,…
2Cases cited5 opinions
- Ex Parte ParksSupreme Court of the United States · 1876
- Ex Parte FISKSupreme Court of the United States · 1885
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- Holman v. Mayor of AustinTexas Supreme Court · 1871
- Smith v. McLendonSupreme Court of Georgia · 1877
3Cited by7 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Manning v. Mercantile Securities Co.Illinois Supreme Court · 1909
- Beebe v. SmithCourt of Appeals of Georgia · 1948
- Harris v. NorrisSupreme Court of Georgia · 1939
- Cox v. BallardSupreme Court of Georgia · 1989
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