Legal Opinion

Citizens & Southern Bank v. State

Supreme Court of Georgia

Decided July 13, 1921No. 2305PublishedCited by 14 opinions

Equitable petition. Before Judge Meldrim. Chatham superior court. September 27, 1921. The petition of the State of Georgia and the County of Chatham alleged in substance as follows: On or about December 30, 1918, the directors of the Merchants National Bank of Savannah entered into a tentative agreement with the Citizens & Southern Bank, a corporation of this State, for the liquidation of the affairs of the first-named bank.

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Equitable petition. Before Judge Meldrim. Chatham superior court. September 27, 1921. The petition of the State of Georgia and the County of Chatham alleged in substance as follows: On or about December 30, 1918, the directors of the Merchants National Bank of Savannah entered into a tentative agreement with the Citizens & Southern Bank, a corporation of this State, for the liquidation of the affairs of the first-named bank. A meeting of stockholders of the Merchants National Bank was held on January 14, 1919, at which were present and represented, either in person or by proxy, shareholders…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. The first three grounds of the demurrer raise the contention that the petition is demurrable because of misjoinder of parties, in *699that the declaration attempts to join separate demands and to enforce by one proceeding distinct and separate claims. It is argued that the State of Georgia and the County of Chatham are distinct plaintiffs, that a suit for a demand due to the county can not be maintained by the State of Georgia and vice versa, and that different tax amounts are due and the claims are separate and distinct. We think that this contention is…

2Cases cited28 opinions

  1. Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
  2. United States v. ChamberlinSupreme Court of the United States · 1911
  3. State v. Georgia Co.Supreme Court of North Carolina · 1893
  4. McInerny v. ReedSupreme Court of Iowa · 1867
  5. Guilford v. . Georgia Co.Supreme Court of North Carolina · 1893

23 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
  2. Kirk v. BraySupreme Court of Georgia · 1935
  3. Bellsouth Telecomms., LLC v. Cobb Cnty.Supreme Court of Georgia · 2019
  4. Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1934
  5. Williams Realty & Loan Co. v. SimmonsSupreme Court of Georgia · 1939

9 more not listed; retrieve them via the Exa API.

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