Legal Opinion

Green, Tracy & Co. v. Ingram

Supreme Court of Georgia

Decided August 15, 1854No. 23PublishedCited by 6 opinions

In Equity, in Bibb Superior Court.- Decided by Judge Bowers, January Term, 1854. '•This was a bill filed by Brown and Ditnick, merchants in N. York, against Green, Tracy & Co. of Macon, setting forth, in. substance, the following facts, viz: that at November Termj ■1852, complainants obtained judgment against Samuel J. Ray, ;for §3078 86, with §661 62 interest,- up to the 14th November, 1852, upon which execution issued. 'That the said Ray died on the 11th January, 1:853,…

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In Equity, in Bibb Superior Court.- Decided by Judge Bowers, January Term, 1854. '•This was a bill filed by Brown and Ditnick, merchants in N. York, against Green, Tracy & Co. of Macon, setting forth, in. substance, the following facts, viz: that at November Termj ■1852, complainants obtained judgment against Samuel J. Ray, ;for §3078 86, with §661 62 interest,- up to the 14th November, 1852, upon which execution issued. 'That the said Ray died on the 11th January, 1:853, and that ..soon thereafter, Counsel of complainants delivered said fi. fa. •to-the Sheriff of Bibb County, with…

1Opinion of the Court

By the Court.

Starnes, J.

delivering the. opinion.

[1.] The structure of this bill is very objectionable. Most *168of its allegations are inaccurate, loose and uncertain; and this is shown as follows:

1. It is alleged that “ said firm of Green, Tracy & Co. or some of the members composing said firm”, had obtained control of a number of the oldest fi. fas. and judgments against said Ray. This alternative statement must have reference, both to the firm and to individual members thereof; no other reasonable signification can be given to the words, or some of the members composing said firm; for if it…

2Cases cited1 opinion

  1. McGehee v. JonesSupreme Court of Georgia · 1851

3Cited by6 opinions

  1. Hanesley v. National Park BankSupreme Court of Georgia · 1917
  2. Mulherin v. PorterCourt of Appeals of Georgia · 1907
  3. Tillman v. StewartSupreme Court of Georgia · 1898
  4. Abernathy v. RyleeSupreme Court of Georgia · 1952
  5. Georgia Chemical Works v. CartledgeSupreme Court of Georgia · 1886

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