Home Mixture Guano Co. v. Woolfolk
Supreme Court of Georgia
Equitable petition. Before Judge Harrell. Dougherty superior court. March 27, Í918. T. N. Woolf oik Sr. and Mrs. Clara J. Woolf oik, husband and wife, resided in Dougherty county. Mrs. Woolf oik inherited from her father, about the year 1892, an estate consisting principally of realty. In 1903 she executed to her husband a general power of attorney to manage her estate. She was then in feeble health.
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Equitable petition. Before Judge Harrell. Dougherty superior court. March 27, Í918. T. N. Woolf oik Sr. and Mrs. Clara J. Woolf oik, husband and wife, resided in Dougherty county. Mrs. Woolf oik inherited from her father, about the year 1892, an estate consisting principally of realty. In 1903 she executed to her husband a general power of attorney to manage her estate. She was then in feeble health. Before and at the time of the execution of the power of attorney, the husband was engaged in the sale of commercial fertilizer on his own account. The wife had nothing to do with his business.…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The constitution declares, “Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” Civil Code, § 6540. Before this provision was inserted in the constitution of this State, this court, in analogy to the rule fixed for civil cases, required equity suits to be brought in a county where one of the defendants resided against whom substantial relief was prayed. See Gilbert v. Thomas, 3 Ga. 575; Rice v. Tarver, 4 Ga. 571; Carter v. Jordan, 15 Ga. 76; Jordan v. Jordan, 16 Ga. 446, 456; Lavender v. Thomas,…
2Cases cited25 opinions
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Brown v. WilcoxSupreme Court of Georgia · 1918
- Rounsaville & Bros. v. McGinnisSupreme Court of Georgia · 1894
- Thomason v. ThompsonSupreme Court of Georgia · 1907
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
20 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Estate of Lucas v. BrownCalifornia Supreme Court · 1943
- Harrison v. LovettSupreme Court of Georgia · 1944
- Gordy v. Levison & Co.Supreme Court of Georgia · 1924
- Vickers v. RobinsonSupreme Court of Georgia · 1924
- Askew v. Bassett Furniture Co.Supreme Court of Georgia · 1931
11 more not listed; retrieve them via the Exa API.