Armstrong v. American National Bank
Supreme Court of Georgia
Petition for injunction. Before Judge Mathews. Bibb superior court. March 29, 1915. Guy Armstrong filed a petition against J. J. Cobb, Cecil Morgan, the Commercial National Bank, and the American National Bank, alleging: that he was fraudulently induced by Cobb and Morgan to contract for the purchase of 20 shares of the proposed increased capital stock of the Commercial National Bank, of which they were directors; that he gave his promissory note for $2,400 for the…
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Petition for injunction. Before Judge Mathews. Bibb superior court. March 29, 1915. Guy Armstrong filed a petition against J. J. Cobb, Cecil Morgan, the Commercial National Bank, and the American National Bank, alleging: that he was fraudulently induced by Cobb and Morgan to contract for the purchase of 20 shares of the proposed increased capital stock of the Commercial National Bank, of which they were directors; that he gave his promissory note for $2,400 for the purchase-price of the shares, and by subsequent payments has reduced this sum to $1,500, for which he gave his note; that the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The judgment on demurrer concludes the parties only on questions necessarily involved in the decision of the points raised on the demurrer. The grant or refusal of an injunction pendente lite involves an exercise of discretion as to whether the relief asked is necessary pending the final judgment in the case. The trial court does not lose its jurisdiction of the cause pending a review of judgment on demurrer to the petition by the Supreme Court; and it was competent for the judge, after overruling the demurrers, and while that judgment is under review by…
2Cases cited2 opinions
- Montgomery v. KingSupreme Court of Georgia · 1906
- Moody v. Cleveland Woolen MillsSupreme Court of Georgia · 1910
3Cited by13 opinions
- Ware v. MartinSupreme Court of Georgia · 1951
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Hobbs v. HoustonSupreme Court of Georgia · 1940
- Peeples v. PeeplesSupreme Court of Georgia · 1942
- Southeastern Wholesale Furniture Co. v. Atlanta Metallic Casket Co.Court of Appeals of Georgia · 1951
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