Henry Clews & Co. v. First Mortgage Bondholders
Supreme Court of Georgia
Equity. Decree. Evidence. Record. Before Judge Schley. Glynn Superior Court. November Term, 1873. To report this case would simply be to repeat the facts recited in the above head-note. The decree objected to was proposed to be taken by the counsel for the first mortgage bondholders of the Brunswick and Albany Railroad Company and certain other preferred claims.
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Equity. Decree. Evidence. Record. Before Judge Schley. Glynn Superior Court. November Term, 1873. To report this case would simply be to repeat the facts recited in the above head-note. The decree objected to was proposed to be taken by the counsel for the first mortgage bondholders of the Brunswick and Albany Railroad Company and certain other preferred claims. It was resisted by counsel for Henry Clews & Company and the general creditors, upon the grounds that it was illegal, that it could not be passed without the intervention of a jury, and that the case was not ripe for judgment. The…
1Opinion of the Court
McCay, Judge.
1. "We see no good objection to the final judgment complained of. All the issues save those expressly excepted in the judgment, had either been passed upon by a jury or by the judge, by consent, without a jury. A final decree had been taken by consent, the road sold, and the fund in court. The mere division of the money according to the judgments was a ministerial duty. It consisted simply in calculations, additions, etc., and inspection of papers and amounts. The statute requires the court, the judge, to sign the final decrees or judgments in equity. They are the judgments of…
2Cited by3 opinions
- Estes v. EstesSupreme Court of Georgia · 1941
- McCook v. BeckCourt of Appeals of Georgia · 1976
- McCook v. BeckCourt of Appeals of Georgia · 1976