Clark v. Flannery & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Smith. Pulaski superior court. November term, 1895. Clark, as next friend of tbe seven minor children of J, A. D. Coley, brought his petition against John Flannery & Co., and the sheriff of Pulaski county, praying that t-hey be enjoined from selling certain land under an execution founded on -a judgment hereafter mentioned; and that said judgment be set aside and declared void, or so reformed as not to interfere with the property levied on;…
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Equitable petition. Before Judge Smith. Pulaski superior court. November term, 1895. Clark, as next friend of tbe seven minor children of J, A. D. Coley, brought his petition against John Flannery & Co., and the sheriff of Pulaski county, praying that t-hey be enjoined from selling certain land under an execution founded on -a judgment hereafter mentioned; and that said judgment be set aside and declared void, or so reformed as not to interfere with the property levied on; and for general relief. There was -a hearing for interlocutory injunction, and the same was denied, which ruling was…
1Opinion of the CourtSimmons, C. J.
1. Where in an action against a trustee the declaration contained, allegations -showing that the debt sued upon was a debt of the trust estate binding upon it and lawfully collectible by the sale of certain described property, and judgment was rendered accordingly, this judgment, though the trustee may 'have -neglected to make the proper defense to the action, was nevertheless conclusive upon the aestuñs que trust represented by the trustee, and an equitable petition filed in their behalf by a next friend for the purpose of setting the judgment aside was properly dismissed on demurrer. If the…
2Cases cited1 opinion
- Clark v. Flannery & Co.Supreme Court of Georgia · 1895
3Cited by9 opinions
- Tinsley v. MaddoxSupreme Court of Georgia · 1933
- Wagnon v. PeaseSupreme Court of Georgia · 1898
- Sanders v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1899
- Riggins v. Adair & McCarty Bros.Supreme Court of Georgia · 1898
- Turner v. Trust Company of GeorgiaSupreme Court of Georgia · 1958
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