Black v. Black
Supreme Court of Georgia
In Equity, in Schley Superior Court. Decision by Judge Worrill, at August Term, 1858. Robert C. Black, filed a bill in equity against defendants in error, alleging that in the year 1849, William A. Black, Elbridge G. Cabiness, Virgil A. Powers, Holcomb and Chapman, were associated together as partners, in° trade, for the purpose of buying the lands on which the town of Oglethorpe is now situated, and speculating upon them; that said parties had contracted for the Maddox…
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In Equity, in Schley Superior Court. Decision by Judge Worrill, at August Term, 1858. Robert C. Black, filed a bill in equity against defendants in error, alleging that in the year 1849, William A. Black, Elbridge G. Cabiness, Virgil A. Powers, Holcomb and Chapman, were associated together as partners, in° trade, for the purpose of buying the lands on which the town of Oglethorpe is now situated, and speculating upon them; that said parties had contracted for the Maddox land, the Ichaconner land, the Banon land, and the Súber land; all forming a part of the site of the present town of…
1Opinion of the Court
By the Court.
Benning, J
delivering the opinion.
Was the judgment or decree sustaining the demurrer to the first bill, a bar to the second bill ? It is admitted, that it was, if the Court sustaining the demurrer, had jurisdiction of the first bill, and if the facts and the prayer of the first bill, are the same as those of the second.
First then, did the Court have jurisdiction ?
The plaintiff in error, by his counsel, insists, that the first bill was “a case” “respecting titles to land,” and that as the bill was not brought in the county in which the land lay, the Court had no jurisdiction of it,…
2Cited by3 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- LeBreton v. Superior Court of San FranciscoCalifornia Supreme Court · 1884
- Sternbergh v. McClureSupreme Court of Georgia · 1961