Legal Opinion

Chatfield v. Clark

Supreme Court of Georgia

Decided August 5, 1905PublishedCited by 2 opinions

Petition for injunction. Before Judge Reagan. Pike superior court. May 19, 1905. Clark and his wife Ida claimed tide to a house and lot in Barnesville, and sued out a dispossessory warrant to evict Maria Chatfield as a tenant holding over. Maria Chatfield filed a petition praying that the Clark* be enjoined from prosecuting the dispossessory warrant.

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Petition for injunction. Before Judge Reagan. Pike superior court. May 19, 1905. Clark and his wife Ida claimed tide to a house and lot in Barnesville, and sued out a dispossessory warrant to evict Maria Chatfield as a tenant holding over. Maria Chatfield filed a petition praying that the Clark* be enjoined from prosecuting the dispossessory warrant. Clark’s wife died before the hearing,,and when the injunction case was called the plaintiff moved for a continuance until the legal representative of Clark’s wife could be made a party. This motion was denied. At the hearing it appeared that the…

1Opinion of the CourtCobb, J.

1. “ It is a principle of equity that the death of one defendant only abates the proceeding quoad him.” Howard v. *868Bank, R. M. Charl. 216. If the suit is of such a character that it is possible to make a final decree against the surviving party, it is not necessary to revive the suit against the legal representative of the.deceased party; but the rule is otherwise where the deceased defendant is a necessary party to the determination of the controversy. 5 Enc. P. & P. 840. As the dispossessory warrant was sued out jointly by the Clarks claiming to be joint owners of the property, and the…

2Cases cited5 opinions

  1. Johnson v. ThrowerSupreme Court of Georgia · 1903
  2. Brown v. WatsonSupreme Court of Georgia · 1902
  3. Gilmore v. WellsSupreme Court of Georgia · 1886
  4. Brooks v. StroudSupreme Court of Georgia · 1900
  5. Cunningham v. ElliottSupreme Court of Georgia · 1893

3Cited by2 opinions

  1. Elliott v. ClineSupreme Court of Georgia · 1937
  2. Crook v. FergusonWest Virginia Supreme Court · 1941

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