Georgia Iron & Coal Co. v. Etowah Iron Co.
Supreme Court of Georgia
Equitable petition. Before Judge Fite. Bartow superior court. January term, 1897. The Etowah Iron Co. brought a petition against the Georgia Iron & Coal Co., and the Georgia Mining, Manufacturing & Investment Co., praying that the pretended title of each of the defendants to the ores and minerals upon land lot 274 in the 5th district and 3d section of Bartow county be declared void and canceled, and that the testimony of any witnesses be taken and filed in court to be used…
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Equitable petition. Before Judge Fite. Bartow superior court. January term, 1897. The Etowah Iron Co. brought a petition against the Georgia Iron & Coal Co., and the Georgia Mining, Manufacturing & Investment Co., praying that the pretended title of each of the defendants to the ores and minerals upon land lot 274 in the 5th district and 3d section of Bartow county be declared void and canceled, and that the testimony of any witnesses be taken and filed in court to be used whenever pertinent on any question between the parties; and for general relief. Plaintiff claimed to be the true and…
1Opinion of the CourtCobb, J.
1. By sections 5248, 5249 and 5250 of the Civil Code it is provided : “The several courts shall have power on the trial of any cause cognizable before them respectively, on notice and proof thereof being previously given by the opposite party or his attorney, to require either party to produce books, writings and other documents in his possession, power, custody or control, which shall contain evidence pertinent to the cause in question, under circumstances where such party might be compelled to produce the same by the ordinary rules of proceeding in equity.” “The notice required by the…
2Cases cited8 opinions
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Bryan v. WaltonSupreme Court of Georgia · 1853
- Carlton v. Western & Atlantic RailroadSupreme Court of Georgia · 1888
- Parish v. Weed Sewing Machine Co.Supreme Court of Georgia · 1887
- Manheim v. Claflin & Co.Supreme Court of Georgia · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Becker v. DonalsonSupreme Court of Georgia · 1910
- Sturkie v. SkinnerSupreme Court of Georgia · 1958
- Evans v. Piedmont National Building & Loan Ass'nSupreme Court of Georgia · 1903
11 more not listed; retrieve them via the Exa API.