Smith v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Laurens superior court. January 27, 1905. J. D. Smith brought an equitable petition against II.
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Equitable petition. Before Judge Lewis. Laurens superior court. January 27, 1905. J. D. Smith brought an equitable petition against II. H. Smith, and alleged, that the plaintiff and the defendant entered into a partnership, on September 13, 1895, which continued until April 1, 1896, when by mutual consent the business ceased; that the defendant had never given plaintiff his share of the profits earned, and that all notes, accounts, stock, and other property were left in the possession of the defendant. A receiver, an equitable accounting, judgment, dissolution of the partnership, and process…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It is admitted by the plaintiff in error that substantially the same facts are alleged in the present petition as were set up in the former suit; but it is contended that the first suit was an action at law and the second an equitable action, and that a judgment sustaining a gen- . eral demurrer to a petition in an action at law could not be pleaded in bar to a petition in a subsequent equitable action, although the cause of action is the same. The original petition in the first suit prayed for judgment and process. By amendment, the petitioner prayed that…
2Cases cited6 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Perry v. McLendonSupreme Court of Georgia · 1879
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
- Fain v. HughesSupreme Court of Georgia · 1899
- Satterfield v. SpierSupreme Court of Georgia · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hoffman v. SummerfordCourt of Appeals of Georgia · 1922
- Madison, Ltd. v. PriceCourt of Appeals of Georgia · 1978
- Hadden v. FuquaSupreme Court of Georgia · 1941
- McDonald Mortgage & Realty Co. v. FeingoldSupreme Court of Georgia · 1929
- Dunton v. MozleyCourt of Appeals of Georgia · 1930
4 more not listed; retrieve them via the Exa API.