Emmett & Co. v. Dekle
Supreme Court of Georgia
Equitable petition. Before Judge Bawlings. Emanuel superior court. May 24, 1908. On March 31, 1902, B. L. Dekle, Lucy L. Morehead, W. J. Evans, and George P. Edenfield filed their equitable petition in the superior court of Emanuel county, against P. H. Emmett & Company, the Tattnall Investment Company, Lizzie Y. Emmett, administratrix of the estate of P..H.
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Equitable petition. Before Judge Bawlings. Emanuel superior court. May 24, 1908. On March 31, 1902, B. L. Dekle, Lucy L. Morehead, W. J. Evans, and George P. Edenfield filed their equitable petition in the superior court of Emanuel county, against P. H. Emmett & Company, the Tattnall Investment Company, Lizzie Y. Emmett, administratrix of the estate of P..H. Emmett, deceased, Wade B. Shrivall, and the Ellis-Young Company, all being residents of Emanuel county, except the Tattnall Investment Company, a corporation, and the Ellis-Young Company, which were residents of Chatham county. The…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. At the appearance term the plaintiffs in error demurred generally and specially to the petition. To demur generally to¡ a petition as presenting no cause of action is to plead to the merits of the ease. Appearance and pleading to the merits amount to a waiver of process and service, and by demurring generally these particular defendants were properly before the court. They could not invoke the judgment of the court upon the sufficiency of the petition, unless they were to be hound by such judgment. The court very properly refused to dismiss the case…
2Cases cited6 opinions
- Lyons v. Planters' Loan & Savings BankSupreme Court of Georgia · 1890
- Clayton v. Farrar Lumber Co.Supreme Court of Georgia · 1903
- Seisel & Co. v. WellsSupreme Court of Georgia · 1896
- Dykes v. JonesSupreme Court of Georgia · 1907
- Gunn v. Central RailroadSupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Strickland v. StricklandSupreme Court of Georgia · 1917
- Wadley v. OertelSupreme Court of Georgia · 1913
- Butler v. FloydSupreme Court of Georgia · 1937
- Wallis v. HeardCourt of Appeals of Georgia · 1915
- Sumter County v. PritchettCourt of Appeals of Georgia · 1971
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