Legal Opinion

Morris v. Underwood

Supreme Court of Georgia

Decided February 15, 1856No. 105PublishedCited by 5 opinions

Quo warranto, in Whitfield Superior Court. Decided by Judge Trippe, October Term, 1855. This was an information in the nature of a quo warranto, filed by William J. Underwood and others, against James Morris and others, to show why and by what authority they exercised the office of directors of the “ Planters’ & Mechanics’ Bank of Dalton,” and used the franchise of banking.

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Quo warranto, in Whitfield Superior Court. Decided by Judge Trippe, October Term, 1855. This was an information in the nature of a quo warranto, filed by William J. Underwood and others, against James Morris and others, to show why and by what authority they exercised the office of directors of the “ Planters’ & Mechanics’ Bank of Dalton,” and used the franchise of banking. The affidavits of the relators set out sundry irregularities in the organization of said bank, and the election of defendants as directors. It appeared that the term for which said directors were elected, expired in…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] A rule nisi was granted by the Judge of the Superior-Court of Whitfield County, at the instance of William J. Underwood, BrodwellE. Wells and Richard H. Sapp, requiring James Morris, Robert Y, Cook, John Anderson, Richard C.. Cook and William L. High, to show cause why an informa-rtion, in the nature of a quo warranto, should not be filed, against them, calling upon them to show by what authority they were exercising, as the directors of the Planters’ & Me- ■ chanics’ Bank of Dalton, the franchise of banking. Upon the hearing in October…

2Cited by5 opinions

  1. Churchill v. WalkerSupreme Court of Georgia · 1882
  2. Albright v. Territory of New Mexico ex rel. SandovalNew Mexico Supreme Court · 1905
  3. Holmes v. SikesSupreme Court of Georgia · 1901
  4. Newsome v. CogburnSupreme Court of Georgia · 1860
  5. Kimball v. New England Roller Grate Co.Supreme Court of New Hampshire · 1898

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