Allen v. Mitchell
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior court. May 28, 1914. W. E. Mitchell and Commercial City Bank brought their petition against the Mayor and City Council of Americas, alleging, that they are owners and in possession of a lot of land in the City of Americus, on a part of which is located a cotton warehouse and on another part a bank and office building; that there is an alley tying between the warehouse and other buildings upon the land; that this…
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Equitable petition. Before Judge Littlejohn. Sumter superior court. May 28, 1914. W. E. Mitchell and Commercial City Bank brought their petition against the Mayor and City Council of Americas, alleging, that they are owners and in possession of a lot of land in the City of Americus, on a part of which is located a cotton warehouse and on another part a bank and office building; that there is an alley tying between the warehouse and other buildings upon the land; that this alley is not a public alley but is a private alley, and is the property of petitioners; that they have been in the…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The plaintiffs in error, who sought to have themselves made parties defendant in the court below, show clearly an interest in the suit. While they would not be concluded by the verdict in this ease, they were legally entitled, under the showing which they made, to be made parties defendant and to have the rights which they set up adjudicated in the equitable suit which the petitioners were prosecuting against the municipality. The petitioners had voluntarily gone into a court of equity and invoked there a verdict and decree establishing their contention…
2Cases cited2 opinions
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Phillips v. WessonSupreme Court of Georgia · 1854
3Cited by7 opinions
- Ogletree v. AtkinsonSupreme Court of Georgia · 1942
- Morris v. City Council of AugustaSupreme Court of Georgia · 1948
- Tanner v. WhiteSupreme Court of Georgia · 1916
- Blalock v. Mayor of JonesboroSupreme Court of Georgia · 1917
- Bowman v. PooleSupreme Court of Georgia · 1958
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