Legal Opinion

Hamil v. Flowers

Supreme Court of Georgia

Decided July 6, 1909PublishedCited by 19 opinions

Equitable petition. Before Judge Worrill. Early superior court. July 27, 1908. H. F. Hamil as administrator of J. M. Bivings, deceased, filed Ms equitable petition in the superior court of Early county against W. H. Flowers, alleged to be a resident of'Early county in this ' State, Elizabeth Flowers, E. P. Flowers, Brooks Flowers, and John J. Flowers Jr., of the State of Alabama, all as executors of J. J. Flowers, deceased, who had died in the State of Alabama and whose will…

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Equitable petition. Before Judge Worrill. Early superior court. July 27, 1908. H. F. Hamil as administrator of J. M. Bivings, deceased, filed Ms equitable petition in the superior court of Early county against W. H. Flowers, alleged to be a resident of'Early county in this ' State, Elizabeth Flowers, E. P. Flowers, Brooks Flowers, and John J. Flowers Jr., of the State of Alabama, all as executors of J. J. Flowers, deceased, who had died in the State of Alabama and whose will had been there probated, which executors were alleged to have qualified as such and to have taken possession of the…

1Opinion of the CourtAtkinson, J.

The corporation was chartered and had its principal office in Early county in this State. Hnder the decision in People’s National Bank v. Cleveland, 117 Ga. 908, and in Jellinik v. Huron Copper Mining Co., 177 U. S. 1, the shares of.stock involved in the controversy were personal property, and, for the purposes of a suit brought to remove a cloud or to quiet the title in this State, their situs was the domicil of the domestic corporation, and a non-resident claiming title or interest therein could be served by publication in such a suit. In addition to the provisions of the code noted in the…

2Cases cited4 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
  3. People's National Bank v. ClevelandSupreme Court of Georgia · 1903
  4. Harris v. PalmoreSupreme Court of Georgia · 1884

3Cited by19 opinions

  1. Cason v. CasonSupreme Court of Georgia · 2006
  2. Forrester v. ForresterSupreme Court of Georgia · 1923
  3. Edwards Manufacturing Co. v. HoodSupreme Court of Georgia · 1928
  4. Pendley v. TumlinSupreme Court of Georgia · 1936
  5. Blount v. Metropolitan Life Insurance Co.Supreme Court of Georgia · 1940

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