Turpin v. Taylor
Supreme Court of Georgia
Complaint. Before Judge Mathews. Bibb superior court. May 5, 1913. Iu 1907, Schofield and other directors of the Exchange Bank of Macon filed in the superior court of Bibb county a suit in which they made the bank and certain stockholders the defendants, and prayed for a receiver to be appointed for the bank, which they as directors found themselves no longer able to operate. R. J. Taylor, B. P. O’Neal, and C. P. King were in due course appointed permanent receivers.
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Complaint. Before Judge Mathews. Bibb superior court. May 5, 1913. Iu 1907, Schofield and other directors of the Exchange Bank of Macon filed in the superior court of Bibb county a suit in which they made the bank and certain stockholders the defendants, and prayed for a receiver to be appointed for the bank, which they as directors found themselves no longer able to operate. R. J. Taylor, B. P. O’Neal, and C. P. King were in due course appointed permanent receivers. These receivers, after administering the bank’s affairs for about five years and claiming that they had realized upon…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. We are of the opinion that the court did not err in refusing to dismiss the suit upon the motion of the plaintiffs in error. The motion was general, and meant that the court was called upon to dismiss the entire suit. This could not have been done under the circumstances, in any event, because numerous defendants in the *227suit appeared and answered in response to the suit under the process as it stood when process was issued. Certainly as to them the suit should not have been dismissed. Section 5569 of the Civil Code, providing for cases where processes…
2Cited by3 opinions
- Bartlett v. TaylorSupreme Court of Georgia · 1917
- Lamb v. McElwaneySupreme Court of Georgia · 1915
- Bartlett v. TaylorSupreme Court of Georgia · 1919