Legal Opinion

Bishop v. Pendley Lumber Co.

Supreme Court of Georgia

Decided June 13, 1914PublishedCited by 5 opinions

Equitable petition. Before Judge Pite. Murray superior court. May 16, 1913. L. L. Bishop brought an equitable petition against the Pendley Lumber Company, a partnership of which the plaintiff was a member, and against the other members thereof, William Pendley and Willis Pendley, praying for a dissolution of the partnership on the grounds set forth, for injunction, the appointment of a receiver for all the" assets, a settlement of the partnership matters, and an accounting…

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Equitable petition. Before Judge Pite. Murray superior court. May 16, 1913. L. L. Bishop brought an equitable petition against the Pendley Lumber Company, a partnership of which the plaintiff was a member, and against the other members thereof, William Pendley and Willis Pendley, praying for a dissolution of the partnership on the grounds set forth, for injunction, the appointment of a receiver for all the" assets, a settlement of the partnership matters, and an accounting among the partners of claims growing out of individual transactions among the partners; and for judgment against his…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. While the verdict would have been more perfect as a matter of form had it specified the defendants in whose favor upon the claim of set-off the same was rendered, the fact that it failed to name a particular defendant is not good ground for the arrest of judgment in this case, because it clearly appears that William and Willis Pendley were the only defendants having claims of set-off, and the verdict can have no other meaning than that it was a finding in favor of those defendants for the sum of $1,000, and in favor of the other defendant generally. And…

2Cases cited2 opinions

  1. Hubbard v. McRaeSupreme Court of Georgia · 1895
  2. Buice v. McCrarySupreme Court of Georgia · 1894

3Cited by5 opinions

  1. Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
  2. Bentley v. PhillipsSupreme Court of Georgia · 1930
  3. Parnell v. A. W. Muse Co.Court of Appeals of Georgia · 1937
  4. Walker v. TateCourt of Appeals of Georgia · 1933
  5. Dampier v. Citizens & Southern National BankCourt of Appeals of Georgia · 1973

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