Carey v. Rice
Supreme Court of Georgia
Motion to dismiss the writ of error for non-joinder. In the Supreme Court of tlie State of Georgia. Hawlsinsville, June Term, 1847. The facts are as follows: A bill was filed by Rice as the receiver of the assets of the Bank of Macon, against the Bank of Columbus and several other parties, some of whom resided in the county of Twiggs at the time, in the Superior Court of which county th^suit was brought.
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Motion to dismiss the writ of error for non-joinder. In the Supreme Court of tlie State of Georgia. Hawlsinsville, June Term, 1847. The facts are as follows: A bill was filed by Rice as the receiver of the assets of the Bank of Macon, against the Bank of Columbus and several other parties, some of whom resided in the county of Twiggs at the time, in the Superior Court of which county th^suit was brought. Upon the first trial, Rice obtained a decree against the Bank of Columbus, from which an appeal was entered by the Bank giving Leroy Napior as security on the appeal. Upon the appeal trial…
1Per curiam
Warner, J.
delivering the opinion.
This is the fourth time this question has been presented for the decision of this Court during the present year, and we have uniformly held, that the security on the appeal was a necessary party to the writ of error. In the exercise of abundant caution we have reexamined the question, and the result is, that our former adjudications have been in our judgment correct, both on principle and authority.
“ All parties against whom judgment is given, ought regularly [1.] tojoin in error.” 6 Com. Dig. Title Pleader, B. 443. Serjeant Williams in his notes to the case…
2Cases cited1 opinion
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