Legal Opinion

Van Pelt v. Home Building & Loan Ass'n

Supreme Court of Georgia

Decided July 13, 1891PublishedCited by 7 opinions

Practice. Building and Loan Associations. Corporations. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1890. After the decision in this case as reported in 79 Ga. 439, the defendant amended his pleas by alleging, in brief, that in 1888 the plaintiff wound up its business predicated on a series of stock issued and to be determined and ended during that year, of which series the fifteen shares held by defendant were a part;,and that since 1882 to the end…

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Practice. Building and Loan Associations. Corporations. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1890. After the decision in this case as reported in 79 Ga. 439, the defendant amended his pleas by alleging, in brief, that in 1888 the plaintiff wound up its business predicated on a series of stock issued and to be determined and ended during that year, of which series the fifteen shares held by defendant were a part;,and that since 1882 to the end of 1888, the plaintiff had accumulated a large amount of assets belonging to it for the benefit of the stockholders in.…

1Opinion of the Court

Bleckley, Chief Justice.

1. The exceptions to the auditor’s report were overruled on March 25th. No exception was entered pendente lite. On April 1st thereafter, the case came on for final hearing and trial, and the trial terminated on *373that day in a final judgment for the plaintiff below. The bill of exceptions was certified on the 31st of May, which was within sixty days after the trial and judgment, but was more than sixty days after the exceptions to the auditor’s report were overruled. The bill of exceptions was too late to reach any alleged error committed by the court in overruling the…

2Cases cited1 opinion

  1. City Council of Waycross v. YoumansSupreme Court of Georgia · 1890

3Cited by7 opinions

  1. Merritt v. Gate City National BankSupreme Court of Georgia · 1897
  2. Lester v. Georgia, Car. & Northern Railway Co.Supreme Court of Georgia · 1893
  3. Bank of LaGrange v. CotterSupreme Court of Georgia · 1897
  4. Swindle v. MatheneySupreme Court of Georgia · 1936
  5. Home Building & Loan Ass'n v. Van PeltSupreme Court of Georgia · 1894

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