McHenry v. McHenry
Supreme Court of Georgia
Equitable petition. Before Judge Park. Morgan superior court. July 6, 1920. The plaintiffs, Zoe Harriotte McHenry and Marion Louise Hickey (formerly McHenry), who are the only children of John G. McHenry, the defendants in error in this court, brought a petition against John G. McHenry, of Morgan County, and Mrs. W. S. McHenrji, of Eloyd County, this State.
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Equitable petition. Before Judge Park. Morgan superior court. July 6, 1920. The plaintiffs, Zoe Harriotte McHenry and Marion Louise Hickey (formerly McHenry), who are the only children of John G. McHenry, the defendants in error in this court, brought a petition against John G. McHenry, of Morgan County, and Mrs. W. S. McHenrji, of Eloyd County, this State. By amendment John G. McHenry was made a party defendant both in his individual capacity and as the surviving administrator of the estate of Mrs. Marion McHenry Bozeman, and Mrs. W. S. McHenry was made a party defendant both in her…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. The first ground of the demurrer filed by Mrs. W. S. McHenry raises the question as to whether the superior court of Morgan County had jurisdiction of the defendant, the demur-rant contending that she was improperly sued in that county. This ground of the demurrer was properly overruled. The plaintiffs are asserting a common right against both defendants, that is, the right of the remaindermen to. have their interest declared in the described property and to have the property protected against waste. Section 5417 of the Civil Code provides that “…
2Cases cited8 opinions
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