Baker v. City National Bank
Supreme Court of Georgia
Petition, for injunction, etc. Before Judge Hunt. Spalding county. March 8, 1894. The petition of the bank was brought on February 16,1894, to Spalding superior court. It is alleged: For several years Shelton & Baker, a firm composed of Shelton of Spalding county and Baker of Bartow county, have been merchandising in Griffin, the business being under the immediate control of Shelton.
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Petition, for injunction, etc. Before Judge Hunt. Spalding county. March 8, 1894. The petition of the bank was brought on February 16,1894, to Spalding superior court. It is alleged: For several years Shelton & Baker, a firm composed of Shelton of Spalding county and Baker of Bartow county, have been merchandising in Griffin, the business being under the immediate control of Shelton. On January 2, 1894, Shelton made and delivered to A. J. Burr a mortgage on his half-interest in the stock of goods, iron safe and'show-cases, to secure four notes for $110 each, due the first of April, June,…
1Opinion of the Court
Lumpkin, Justice.
1. The material facts are stated by the reporter. Properly construed, the petition filed by the City National Bank was not really a proceeding to enforce the lien of the mortgage which had been executed and de*94livered by Shelton to Burr, and by the latter assigned to the bank. The only prayer for substantial relief against Shelton, the only defendant residing in Spalding county, was to recover a general judgment against him on the notes given by him to Burr,.and which Burr had assigned to the bank along with the mortgage. As to Baker, another defendant, who resided in Bartow…
2Cited by8 opinions
- Joseph Dry Goods Co. v. HechtCourt of Appeals for the Fifth Circuit · 1903
- Perkins v. First National BankSupreme Court of Georgia · 1965
- Morgan v. ArgardSupreme Court of Georgia · 1918
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- Gafford v. TwittySupreme Court of Georgia · 1922
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