Beard v. White
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Richmond superior court. December 3, 1903. Sallie A. White brought an equitable petition for the recovery of a city lot, alleging, that she was the owner of the property, and that the defendant was insolvent, and was allowing the property to remain exposed to danger of fire without insurance, and allowing it to deteriorate in value for the want of care and repairs ; and therefore prayed a writ of possession and the appointment of a…
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Equitable petition. Before Judge Holden. Richmond superior court. December 3, 1903. Sallie A. White brought an equitable petition for the recovery of a city lot, alleging, that she was the owner of the property, and that the defendant was insolvent, and was allowing the property to remain exposed to danger of fire without insurance, and allowing it to deteriorate in value for the want of care and repairs ; and therefore prayed a writ of possession and the appointment of a receiver. She relied on a deed, dated August 2, 1901, whereby, in consideration of $500 in hand paid, the receipt of which…
1Opinion of the CourtLamar, J.
(After stating the foregoing fact.) 1, 2. Under the practice obtaining in this State, special pleadings and replications are not ordinarily allowed. There is an exception in those cases where the defendant, by set-off or cross-bill, seeks affirmative relief against the plaintiff. In order that the record may show what is the issue and make the judgment available on *1021a plea of res adjudicata, the court may in such cases require the plaintiff to meet these claims by appropriate written pleadings. But where the defendant makes no motion on the subject, he can not, after the case has been…
2Cases cited3 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Parrott v. BakerSupreme Court of Georgia · 1889
- Watkins v. NugenSupreme Court of Georgia · 1903
3Cited by21 opinions
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Deen v. WilliamsSupreme Court of Georgia · 1907
- Sewell v. NorrisSupreme Court of Georgia · 1907
- Steadham v. CobbSupreme Court of Georgia · 1938
- Walker v. WalkerSupreme Court of Georgia · 1913
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