Smith v. Manning
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. November 25, 1921. On December 20, 1920, William B. Manning instituted an action against W. Clyde Smith, his wife Elizabeth Smith, Eloyd Woodward, and several others.
Read the full summary
Equitable petition. Before Judge Pendleton. Eulton superior court. November 25, 1921. On December 20, 1920, William B. Manning instituted an action against W. Clyde Smith, his wife Elizabeth Smith, Eloyd Woodward, and several others. It was alleged in the petition that all of the defendants had formed a conspiracy for the purpose of robbery and swindling, the conspirators acting individually or collectively, and the fruits of the crimes to be for the common benefit of all and distributed among them. Hnder the plan of operation various people would be robbed ' or swindled out of money which…
1Opinion of the CourtAtkinson, J.
1. The petition not only seeks a common-law judgment but in aid of such judgment seeks, under application of equitable principles, to trace the money into property in which it was invested, and to have such property administered by the court of equity for the benefit of plaintiff and other intervenors who may show an interest in it. As the petition alleged a cause of action at law, whether or not it alleged a cause of action for the equitable relief prayed, it was not demurrable on the general grounds that it sets forth no cause of action, and that there is *213no equity in the petition. Logue v.…
2Cases cited8 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1907
- Atlanta & Carolina Railway Co. v. Carolina Portland Cement Co.Supreme Court of Georgia · 1913
- Martin v. BrownSupreme Court of Georgia · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Cook v. RobinsonSupreme Court of Georgia · 1960
- National Association for Advancement of Colored People v. OverstreetSupreme Court of Georgia · 1965
- Nottingham v. WrigleySupreme Court of Georgia · 1965
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Wall v. WallSupreme Court of Georgia · 1933
27 more not listed; retrieve them via the Exa API.