Hines & Hobbs v. Rawson
Supreme Court of Georgia
Injunction. Contempt. Conflict of jurisdiction. Before Judge Clark. Dougherty county. Chambers. September, 1869. George Bliss & Company, Hannah & Harvey, Trowbridge, Dwight & Co., and Nicholas Conyers, in behalf of themselves and other creditors of the estate of Charles W. Rawson, deceased, by Hipes & Hobbs et al., as their solicitors, filed their bill against Annie E. Rawson, his widow and administratrix, in which they made the following case: They had credited deceased for…
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Injunction. Contempt. Conflict of jurisdiction. Before Judge Clark. Dougherty county. Chambers. September, 1869. George Bliss & Company, Hannah & Harvey, Trowbridge, Dwight & Co., and Nicholas Conyers, in behalf of themselves and other creditors of the estate of Charles W. Rawson, deceased, by Hipes & Hobbs et al., as their solicitors, filed their bill against Annie E. Rawson, his widow and administratrix, in which they made the following case: They had credited deceased for their respective specified demands, some of which were in open accounts, and some in judgment, upon the faith of a…
1Opinion of the CourtMcCay, J.
1. That there is error in the judgment of the Court, as it stands, is very clear. It was no violation of the injunction to commence proceedings for foreclosure as to the property which had passed into the hands of purchasers from Rawsora *359before his death. It is true, that even as to this property the administratrix is, perhaps, a neccessary party to a bill for foreclosure, but she is only a nominal .party. None of the objects of the bill are thwarted by such a proceeding, and we think the defendants in this motion have a right to proceed against the property referred to, and if the rules of…
2Cases cited5 opinions
- James L. v. CarrylSupreme Court of the United States · 1858
- Smith v. McIverSupreme Court of the United States · 1824
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- Peale v. PhippsSupreme Court of the United States · 1853
- Shelby v. BaconSupreme Court of the United States · 1850
3Cited by7 opinions
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Bell v. Ohio Life & Trust Co.U.S. Circuit Court for the District of Southern Ohio · 1858
- Equitable Life Assur. Soc. v. Gex' EstateMississippi Supreme Court · 1939
- Davis v. ShropshireSupreme Court of Georgia · 1948
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