McDaniel v. Alford
Supreme Court of Georgia
Equitable petition. Before Judge Tarver. Catoosa superior court. February 1, 1918. D. H. McDaniel, of Walker county, Georgia, brought an equitable petition against T. 0. Alford and his wife, Mrs. Daisy Alford, of Catoosa county, Georgia, to enjoin them from prosecuting an action instituted by them against the plaintiff in the chancery court of Hamilton county, Tennessee, the purpose of which was to recover damages for an alleged breach of warranty in a certain deed executed…
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Equitable petition. Before Judge Tarver. Catoosa superior court. February 1, 1918. D. H. McDaniel, of Walker county, Georgia, brought an equitable petition against T. 0. Alford and his wife, Mrs. Daisy Alford, of Catoosa county, Georgia, to enjoin them from prosecuting an action instituted by them against the plaintiff in the chancery court of Hamilton county, Tennessee, the purpose of which was to recover damages for an alleged breach of warranty in a certain deed executed by the plaintiff in the present action to the defendants, conveying certain land in Catoosa county, Georgia; the…
1Opinion of the CourtHill, J.
The courts of one State may take jurisdiction of , a transitory cause of action originating in another State, when the defendant has been locally found and served, although both parties are at the time domiciliary residents of a foreign State. When both parties to an action in a sister State are domiciled in another, the courts of equity in the latter may act in personam and direct the parties by injunction to proceed no further in such suit. But in such case the power is not exercised capriciously, nor merely to compel litigants to use the courts of their own State, nor even because the…
2Cases cited5 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Rader v. StubblefieldWashington Supreme Court · 1906
- Engel v. ScheuermanSupreme Court of Georgia · 1869
- Weaver v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1917
- Greer v. CookSupreme Court of Arkansas · 1908
3Cited by7 opinions
- BRUNZELL CONSTR. CO., INC. v. Harrah's ClubNevada Supreme Court · 1965
- Tennessee Farmers Mutual Insurance v. WheelerCourt of Appeals of Georgia · 1984
- Southern Railway Co. v. ParkerSupreme Court of Georgia · 1942
- Atlantic Coast Line Railroad Co. v. PopeSupreme Court of Georgia · 1952
- Sanders v. YatesSupreme Court of Georgia · 1959
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