Phelan v. Vestner
Supreme Court of Georgia
Complaint. Before Judge Pendleton. Pulton superior court. October 9, 1905. George J. Vestner brought suit against S. H. Phelan, and alleged: “That S. H. Phelan of said county is in possession of the following personalty, to wit: 1st, One share of stock in the New Orleans Cotton Exchange, sai£ share being the same transferred in blank on the back thereof by said Phelan and placed by the said Phelan in the possession of Murphey and Company, and by Murphey and Company placed in…
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Complaint. Before Judge Pendleton. Pulton superior court. October 9, 1905. George J. Vestner brought suit against S. H. Phelan, and alleged: “That S. H. Phelan of said county is in possession of the following personalty, to wit: 1st, One share of stock in the New Orleans Cotton Exchange, sai£ share being the same transferred in blank on the back thereof by said Phelan and placed by the said Phelan in the possession of Murphey and Company, and by Murphey and Company placed in possession of A. B. Baxter and Company, and by A. B. Baxter and Company placed in the possession of this petitioner, it…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It is first necessary to determine whether the petition as originally filed set forth a cause of action. The petition comprises the following elements in its allegations: possession of the property by the defendant, ownership by the plaintiff, value and identification of the property, refusal to deliver the same by defendant. If the petition is looked at without regard to common-law forms of actions, it undoubtedly sets forth a cause of action. ■ In a very similar petition in McNorrill v. Daniel, 121 Ga. 79, this court declared: “If the plaintiff is the…
2Cases cited2 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- McNorrill v. DanielSupreme Court of Georgia · 1904
3Cited by7 opinions
- Ayers v. StateCourt of Appeals of Georgia · 1907
- Atlantic Coast Line Railroad v. McBeeCourt of Appeals of Georgia · 1913
- Harrell v. AttawayCourt of Appeals of Georgia · 1916
- Darley v. Ehrlich & Co.Court of Appeals of Georgia · 1924
- Harris v. Bennett Bros.Court of Appeals of Georgia · 1945
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