Carlisle v. Ottley
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. June 10, 1914. J. K. Ottley, T. D. Meador, and B. H. Drake, as trustees in bankruptcy of the Spalding Cotton Mills, a corporation bankrupt, instituted suit in the superior court of Eulton county against J. A. McCrary, Mrs. C. B. Sasser, and J. A. Sasser, residents of Eulton county, and a large number of other persons residing beyond the limits of Eulton county, including E. E. Carlisle of Spalding county.
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Equitable petition. Before Judge Pendleton. Eulton superior court. June 10, 1914. J. K. Ottley, T. D. Meador, and B. H. Drake, as trustees in bankruptcy of the Spalding Cotton Mills, a corporation bankrupt, instituted suit in the superior court of Eulton county against J. A. McCrary, Mrs. C. B. Sasser, and J. A. Sasser, residents of Eulton county, and a large number of other persons residing beyond the limits of Eulton county, including E. E. Carlisle of Spalding county. Carlisle filed a separate demurrer, which was overruled as to each and every ground therein taken; and he excepted to this…
1Opinion of the CourtAtkinson, J.
1. As a ground of demurrer it was urged that the petition did not purport to allege a joint liability against the defendants, but set forth distinct claims against the defendants separately; and consequently that there was a misjoinder of parties. It was also alleged in the demurrer, that the petition sought to marshal the assets of several estates, thereby dealing with several things of distinct natures, and against several persons who have no joint interest in the subject-matter of the suit; and consequently that the petition was multifarious. The petition does not attempt to marshal the…
2Cases cited9 opinions
- McDonald v. WilliamsSupreme Court of the United States · 1899
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- Allen v. GrantSupreme Court of Georgia · 1905
- New Hampshire Sav. Bank v. RicheyCourt of Appeals for the Eighth Circuit · 1903
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3Cited by9 opinions
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- Bank of Morgan v. ReidCourt of Appeals of Georgia · 1921
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