McDougald v. Banks
Supreme Court of Georgia
Assumpsit, in Muscogee 'Superior Court. Tried before Judge Iverson, December Term, 1853. The defendant in error, John Banks, was a member of the Columbus Wharf Company, and owned one-fourth part of the property of said company. It was the custom of the members of the company to rent out their property, and each one collect his portion of the rent from the lessees.
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Assumpsit, in Muscogee 'Superior Court. Tried before Judge Iverson, December Term, 1853. The defendant in error, John Banks, was a member of the Columbus Wharf Company, and owned one-fourth part of the property of said company. It was the custom of the members of the company to rent out their property, and each one collect his portion of the rent from the lessees. Daniel McDougald, the intestate of plaintiff in error, had leased for several years previous to his death, a portion of the property of the company, and this action was brought by Banks against Mrs. McDougald, administratrix of…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
Questions of very grave moment are raised on this record, growing out of the corporate character of the proprietors of the Columbus Wharf Lots. Col. Benning having Avaivod them, however, in the argument, this Court expresses no opinion upon any of them.
[1.] The Court, as we vieiv the matter, did not err in deciding that the pleas Avere not regularly filed. Under no rule of practice were they regularly in. Indeed, to no legal or practical intent, had they been filed. The cause seems to have been several years in Court, and was on trial after the…
2Cited by8 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Jordan v. BosworthSupreme Court of Georgia · 1905
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Bevercombe v. Denney & Co.Idaho Supreme Court · 1924
- Mize v. HarberSupreme Court of Georgia · 1940
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