Payne v. West Point Wholesale Grocery Co.
Supreme Court of Georgia
Equitable petition. Before Judge Terrell. Troup superior court. June 8, 1920. The defendants in error, twelve or more in number, filed suits in the city court óf La Grange, Georgia, and in the justice’s court of the 701st district G. M., of Troup County, Georgia, against W. D. Hines (since succeeded by John Martin Payne) as director-general of the Railroad Administration of the United States, operating the Atlanta and West Point Railroad and the Western Railway of Alabama.
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Equitable petition. Before Judge Terrell. Troup superior court. June 8, 1920. The defendants in error, twelve or more in number, filed suits in the city court óf La Grange, Georgia, and in the justice’s court of the 701st district G. M., of Troup County, Georgia, against W. D. Hines (since succeeded by John Martin Payne) as director-general of the Railroad Administration of the United States, operating the Atlanta and West Point Railroad and the Western Railway of Alabama. The subject-matter of these suits (fifty or more) was damages from freight shipments. The defendant filed demurrers and…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts). It is insisted that under, the provisions of our statutes relating to certain branches of equitable jurisdiction the petitioner is entitled to the injunctive relief sought, and counsel quote the following provisions of law: Civil Code, § 5469, declaring: “ Equity will entertain a bill of peace . . To avoid a multiplicity of suits, by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy, or in other similar, cases.” And Civil Code, § 5419: “ Where there is one common right to be established by…
2Cases cited10 opinions
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1907
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1911
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Smith v. DobbinsSupreme Court of Georgia · 1891
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1908
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3Cited by6 opinions
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Atlanta Coach Co. v. SimmonsSupreme Court of Georgia · 1937
- Sanders v. WilsonSupreme Court of Georgia · 1942
- Crandall v. ShepardSupreme Court of Georgia · 1928
- Briarcliff Inc. v. KelleySupreme Court of Georgia · 1944
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