Northwestern Mutual Life Insurance v. Wilcoxon
Supreme Court of Georgia
.Jurisdiction. Courts. Injunction. Before Judge Lester. Fulton County. At Chambers. January 26th, 1880. . Wilcoxon, administrator, filed his bill to marshal the assets of the estate, and for injunction against the sheriff of Fulton county, and the Northwestern Mutual Life Insurance Company and others.
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.Jurisdiction. Courts. Injunction. Before Judge Lester. Fulton County. At Chambers. January 26th, 1880. . Wilcoxon, administrator, filed his bill to marshal the assets of the estate, and for injunction against the sheriff of Fulton county, and the Northwestern Mutual Life Insurance Company and others. The immediate purpose was to enjoin, the sheriff from selling certain real estate under a mortgage y?, y», in favor of the Northwestern Mutual Life Insurance Company against complainant’s intestate. Judge Hillyer, of the Atlanta circuit, being disqualified, the bill was presented to Judge Grice,…
1Opinion of the Court
Jackson, Justice.
The sole question is whether the judge of the city court of Atlanta had the power, under the constitution of 1877, to grant an injunction when the judge of the superior court was disqualified, and when the superior court was not in session, and when the judge of the city court consequently was not presiding therein, and when no order had been taken in term, when the city judge did preside, to hear and determine the case in vacation ?
The question must be settled by the words of the fifth section of the sixth article of the constitution of 1877, which are as follows: “ In any…
2Cited by4 opinions
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- Paulk v. StateCourt of Appeals of Georgia · 1907
- Edmondson v. StateSupreme Court of Georgia · 1905
- Bugg v. VerderySupreme Court of Georgia · 1919