Millsap v. Waco Mercantile Co.
Supreme Court of Georgia
Petition for injunction, etc. Before Judge Bartlett. Haralson superior court. September 27, 1915. Agnes Millsap, as administratrix of tbe estate of T. N. Sumner, deceased, brought this action against the Waco Mercantile Company and Eobert Eobertson, as executor of the estate of M. A. McCorkle, deceased, and alleged in substance as follows: The Waco Mercantile Company is a corporation of Haralson county, with its principal office and place of doing business therein.
Read the full summary
Petition for injunction, etc. Before Judge Bartlett. Haralson superior court. September 27, 1915. Agnes Millsap, as administratrix of tbe estate of T. N. Sumner, deceased, brought this action against the Waco Mercantile Company and Eobert Eobertson, as executor of the estate of M. A. McCorkle, deceased, and alleged in substance as follows: The Waco Mercantile Company is a corporation of Haralson county, with its principal office and place of doing business therein. Eobert Eobertson, executor of M. A.- McCorkle, is also a resident of said county. On May 31, 1910, McCorkle, then in life,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts).
We think it is clear that the superior court of Haralson county has jurisdiction of this ease, and that the plaintiff can maintain her action there against the defendants, the Waco Mercantile Company and Robertson as the executor of M. A. McCorkle, both residing in that county, to require them to interplead as prayed in the petition, and to enjoin the suit brought by the Waco Mercantile Company in Colquitt county to recover on the notes the title to which is involved in the present case. The right to enjoin a suit in the county where it is brought, where…
2Cases cited1 opinion
- McKinney v. DanielsSupreme Court of Georgia · 1910
3Cited by2 opinions
- Terhune v. PettitSupreme Court of Georgia · 1943
- Endowment Department of Grand United Order of Odd Fellows of Texas v. AndersonCourt of Appeals of Texas · 1929