Patterson v. Georgia Gravel Co.
Supreme Court of Georgia
Equitable petition. Before Judge E. D. Graham. Wheeler superior court. December 15, 1920. J. C. Patterson filed a petition against the Georgia Gravel Company, a corporation, and S. M. Kennedy, seeking to recover a personal judgment against each of the defendants. Subsequently the plaintiff sued out an attachment against the defendants.
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Equitable petition. Before Judge E. D. Graham. Wheeler superior court. December 15, 1920. J. C. Patterson filed a petition against the Georgia Gravel Company, a corporation, and S. M. Kennedy, seeking to recover a personal judgment against each of the defendants. Subsequently the plaintiff sued out an attachment against the defendants. The defendants employed an attorney at law to defend the actions; and answers were filed by each of the defendants, denying any indebtedness to the plaintiff. During the regular term of the court to which the suit and attachment were made returnable, the…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. Upon the first question raised by the demurrer, the c’ase is controlled by the decision in Davis v. First National Bank of Blakely, 139 Ga. 702 (78 S. E. 190, 46 L. R. A. (N. S.) 750), where it was held: “ Where a suit was brought to cancel a deed, to have the land described in it decreed to belong to the plaintiff, to have an accounting, to recover double the usurious interest alleged to have been paid to the grantee, a national bank, and to obtain other equitable relief, if the plaintiff authorized her attorneys to enter into a consent decree fixing…
2Cases cited4 opinions
- Davis v. First National BankSupreme Court of Georgia · 1913
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Cowan v. CorbettSupreme Court of Georgia · 1881
- Southern Railway Co. v. DanielsSupreme Court of Georgia · 1897
3Cited by8 opinions
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Elliott v. ElliottSupreme Court of Georgia · 1937
- Hirsch v. CollierCourt of Appeals of Georgia · 1961
- Hamilton v. HamiltonCourt of Appeals of Georgia · 1950
- Childs v. State BankCourt of Appeals of Georgia · 1924
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