Legal Opinion
Empire Banking Co. v. Martin
Court of Appeals of Georgia
Decided October 22, 1974No. 49442PublishedCited by 15 opinions
1Opinion of the Court
Quillian, Judge.
The appellant contends that the only action that could be brought under the circumstances of this case was an equitable action alleging that the debtor is insolvent, the plaintiff is without adequate remedy at law, and that it would be necessary to make the debtor a party to such action. It is therefore argued that since the debtor was not made a party and that the plaintiff did not pray for equitable relief the claim should be dismissed on motion brought by the appellant.
In support of the arguments made, appellant cites the following authority. In Baker & Hall v. Gladden, 72…
2Cases cited13 opinions
- DeKalb County v. Georgia Paperstock Co.Supreme Court of Georgia · 1970
- Thornton v. WilsonSupreme Court of Georgia · 1876
- Ward v. NATIONAL DAIRY &C. CORPORATIONSupreme Court of Georgia · 1968
- Smith v. Merchants & Farmers BankSupreme Court of Georgia · 1970
- Kinzy v. WaddellSupreme Court of Georgia · 1948
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Drug Emporium, Inc. v. PeaksCourt of Appeals of Georgia · 1997
- Kitchens v. LoweCourt of Appeals of Georgia · 1976
- Bradley v. GodwinCourt of Appeals of Georgia · 1979
- All Tech Co. v. Laimer Unicon, LLCCourt of Appeals of Georgia · 2006
- Kilburn v. YoungCourt of Appeals of Georgia · 2000
10 more not listed; retrieve them via the Exa API.