Legal Opinion

Vanduzer v. McMillan

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 4 opinions

Equity. Tried before Judge William M. Reese. Elbert Superior Court. September Term, 1867. A skeleton report of the one hundred and seven pages of this record will furnish all the data necessary for an understanding of the opinion of the Court. Ira Christian and Moses E. Mills were partners in merchandise under the style of Ira Christian & Co. On the 30th of March, 1850, Christian sold to McMillan, one-half of his undivided half interest in the stock and assets of the firm.

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Equity. Tried before Judge William M. Reese. Elbert Superior Court. September Term, 1867. A skeleton report of the one hundred and seven pages of this record will furnish all the data necessary for an understanding of the opinion of the Court. Ira Christian and Moses E. Mills were partners in merchandise under the style of Ira Christian & Co. On the 30th of March, 1850, Christian sold to McMillan, one-half of his undivided half interest in the stock and assets of the firm. Mills and McMillan and Christian continued the business under the old style, Mills controlling the business, papers,…

1Opinion of the CourtWarner, C. J.

Eeluctant as this Court always is to interfere with the discretion of the Circuit Courts, in granting, or refusing to grant, the continuance of causes, yet, upon the statement of facts contained in this record, w’e think the ends of justice required that a continuance of the cause, should have been allowed by the Court below upon the showing made therefor. The intrinsic difficulties springing out of the complicated state of facts embraced in the auditor’s report, covering as it did, mercantile transactions for years between the partners, unnecessarily required time for examination. The report…

2Cited by4 opinions

  1. Maynard v. RichardsIllinois Supreme Court · 1897
  2. Heard v. Russell & PotterSupreme Court of Georgia · 1877
  3. Ivey v. PayneSupreme Court of Georgia · 1911
  4. Markson v. IdeSupreme Court of Kansas · 1883

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