Giles v. Cook
Supreme Court of Georgia
Injunction. Before Judge Gilbert. Taylor superior court. December 22, 1915. E. W. Cook filed a petition addressed to the superior court of Taylor county, against George Giles, alleged to be a resident of Taylor county, and J. J. Bull & Son, alleged to be residents of Macon county, praying for cancellation, on account of fraud, of a judgment obtained in the city court of Oglethorpe by George Giles against the plaintiff, Cook, and for injunction against the progress of an…
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Injunction. Before Judge Gilbert. Taylor superior court. December 22, 1915. E. W. Cook filed a petition addressed to the superior court of Taylor county, against George Giles, alleged to be a resident of Taylor county, and J. J. Bull & Son, alleged to be residents of Macon county, praying for cancellation, on account of fraud, of a judgment obtained in the city court of Oglethorpe by George Giles against the plaintiff, Cook, and for injunction against the progress of an execution based on the judgment. The following was alleged: Giles was a tenant of the plaintiff, who foreclosed a distress…
1Opinion of the CourtEvans, P. J.
1. It is apparent that in the prayer for process the petitioner inadvertently substituted Macon for Taylor county. The petition was addressed to the superior court of Taylor county. It was a suit in that county. The judgment excepted to was rendered at an interlocutory hearing anterior to the appearance term. The court allowed an amendment substituting the word “Taylor” for “Macon” in the prayer for process, and also allowed the second original to be amended by striking the words “et al.,” and putting in the name of one of the transferees of the execution; and no exception is taken to these…
2Cases cited1 opinion
- Wade v. WatsonSupreme Court of Georgia · 1909
3Cited by13 opinions
- Glen Oak, Inc. v. HendersonSupreme Court of Georgia · 1988
- Jordan v. HarberSupreme Court of Georgia · 1931
- Young v. YoungSupreme Court of Georgia · 1939
- McGahee v. McGaheeSupreme Court of Georgia · 1948
- Gay v. Sylvania Central Railway Co.Court of Appeals of Georgia · 1949
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