Collins Park & Belt Railroad v. Short Electric Railway Co.
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. March, term, 1895. The Short Electric Railway Company brought its petition against the Collins Park & Belt Railroad Company and a number of other parties, praying for rescission of a contract of sale of certain railroad property, and recovery of possession of the same; for partition by sale of the property and division of the proceeds between petitioner and two other parties, after payment of superior…
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Equitable petition. Before Judge Lumpkin. Fulton superior court. March, term, 1895. The Short Electric Railway Company brought its petition against the Collins Park & Belt Railroad Company and a number of other parties, praying for rescission of a contract of sale of certain railroad property, and recovery of possession of the same; for partition by sale of the property and division of the proceeds between petitioner and two other parties, after payment of superior incumbrances; for judgment on account; for injunction and receiver, sale of the property under final decree, etc. Answers were…
1Opinion of the Court
Atkinson, Justice.
1. The word “person,” according to section 5 of tbe code, includes “corporation,” and tbe word “party,” as employed in section 4263 of the code, cannot mean less than person; otherwise there is no provision of law by which a corporation can obtain a supersedeas to a judgment rendered against it. The mere use of the personal pronoun “his” cannot be held to limit the right of supersedeas to natural persons; for to place upon it the narrow construction which would limit the application of the statute to such persons would likewise limit it to persons of the male gender, whereas…
2Cited by3 opinions
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- Samples v. SamplesCourt of Appeals of Georgia · 1963