Jones v. Dougherty
Supreme Court of Georgia
Petition for mandamus or writ of prohibition against Judge Iverson, in a cause pending in Muscogee Superior Court. The facts of this case are as follows : By order of the Superior Court of Muscogee County, upon a bill filed for that purpose, by William Dougherty for himself and others, Seaborn Jones, who was a trustee named in a deed of trust executed by Daniel McDougald, conveying certain property for the benefit of creditors, had been removed from said trust, and A. S.…
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Petition for mandamus or writ of prohibition against Judge Iverson, in a cause pending in Muscogee Superior Court. The facts of this case are as follows : By order of the Superior Court of Muscogee County, upon a bill filed for that purpose, by William Dougherty for himself and others, Seaborn Jones, who was a trustee named in a deed of trust executed by Daniel McDougald, conveying certain property for the benefit of creditors, had been removed from said trust, and A. S. Rutherford appointed a receiver to collect and apply said trust funds. A motion was then made before the Judge at Chambers,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
This is an application for a mandamus or prohibition, to the Judge of the Chattahoochie Circuit, to restrain him from' proceeding to the adjudication of a motion pending before him, as Chancellor, on the ground, that decisions have been made' by him during the progress of the motion, which have been excepted to, and taken up to this Court by writ of error, according to the provisions of the Statute, in such cases made and provided.
[1.] It appears from the record before us, that a receiver had been appointed by the Chancellor to receive and secure…
2Cited by4 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Montgomery v. KingSupreme Court of Georgia · 1906
- Henderson v. StateSupreme Court of Georgia · 1905
- Sharpe v. StateCourt of Appeals of Georgia · 1911