Crawley v. Barge
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Fulton superior court. October 2, 1907. M. F. Crawley brought an equitable petition in the superior Court of Fulton count}’; against J. G. Bloodworth, N. P. and ex-officio J. P. of the 1026th district, G. M., of that county, and A. A. and J. L. Barge, alleged to be residents of Spalding county.
Read the full summary
Equitable petition. Before Judge Ellis. Fulton superior court. October 2, 1907. M. F. Crawley brought an equitable petition in the superior Court of Fulton count}’; against J. G. Bloodworth, N. P. and ex-officio J. P. of the 1026th district, G. M., of that county, and A. A. and J. L. Barge, alleged to be residents of Spalding county. The substance of the petition was: The Barges had obtained a judgment against the petitioner in the 1001st militia district of Spalding county, and summons of garnishment had been issued on such judgment by Bloodworth, as ex-officio justice of the peace of the…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The constitution declares: “ Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” Civil Code, § 5871. Section 4950 of the Civil Code adds to this language, “ except in bases of injunctions to stay pending proceedings, when the petition may be filed in the county where the proceedings are pending; provided no relief is prayed as to matters not included in such litigation.” If this section sought to confer equity jurisdiction generally in a county other than that of the residence of a defendant against whom…
2Cases cited4 opinions
- Townsend v. BrinsonSupreme Court of Georgia · 1903
- Kupferman v. McGeheeSupreme Court of Georgia · 1879
- Caswell v. BunchSupreme Court of Georgia · 1886
- Moore, Marsh & Co. v. MedlockSupreme Court of Georgia · 1897
3Cited by19 opinions
- Harrison v. LovettSupreme Court of Georgia · 1944
- Wiley v. Rome InsuranceCourt of Appeals of Georgia · 1913
- Home Mixture Guano Co. v. WoolfolkSupreme Court of Georgia · 1918
- Bishop v. BrownSupreme Court of Georgia · 1912
- Harvey v. Atlanta & Lowry National BankSupreme Court of Georgia · 1927
14 more not listed; retrieve them via the Exa API.