Legal Opinion

McGregor v. Witham

Supreme Court of Georgia

Decided November 12, 1906Published

Equitable petition. Before Judge Eawlings. Warren superior court. February 1, 1906. On March 13, 1903, a suit was brought in the superior court of Warren county by “James A. Anderson, assignee of the Bank of Warrenton, Mrs. C. N. Churchhill, James L. Johnson, and Mrs. L. L. Cason, stockholders of said bank, suing for themselves and the use of other stockholders, and A. J. Lockett, C. F. Johnson, and Mrs. Lizzie Adkins, depositors,” against W. S. Witham and J. F. Allen.

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Equitable petition. Before Judge Eawlings. Warren superior court. February 1, 1906. On March 13, 1903, a suit was brought in the superior court of Warren county by “James A. Anderson, assignee of the Bank of Warrenton, Mrs. C. N. Churchhill, James L. Johnson, and Mrs. L. L. Cason, stockholders of said bank, suing for themselves and the use of other stockholders, and A. J. Lockett, C. F. Johnson, and Mrs. Lizzie Adkins, depositors,” against W. S. Witham and J. F. Allen. The allegations of the petition were substantially as follows: In June, 1898, Witham was president and Allen cashier of the…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

1. A motion was made in this court,'by the plaintiff in the main bill of exceptions, to dismiss the cross-bill of exceptions, upon the ground that the original plaintiffs in the court below had not been served with the cross-bill, nor had service been acknowledged by or for them. We will dispose of this motion before passing upon the questions presented by the main bill, as we are of opinion that this motion must be sustained, and the dismissal of the cross-bill will, to some extent, simplify the discussion of the questions arising under the main bill, as to whether…

2Cases cited3 opinions

  1. Merchants National Bank v. DemereSupreme Court of Georgia · 1894
  2. Savannah Bank & Trust Co. v. HartridgeSupreme Court of Georgia · 1884
  3. Greene v. BarronSupreme Court of Georgia · 1904

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