Cooper v. Jones
Supreme Court of Georgia
In equity, from Muscogee comity. Decided by Judge Worbxll, November Term, 1857. A motion was made in the Court below by Simoon Smith and others, some of the defendants, to have the bill dismissed on the following grounds: 1st. Because the .said complainants did not and have not deposited in Court the amount of money admitted to be due and owing said defendants. 2d.
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In equity, from Muscogee comity. Decided by Judge Worbxll, November Term, 1857. A motion was made in the Court below by Simoon Smith and others, some of the defendants, to have the bill dismissed on the following grounds: 1st. Because the .said complainants did not and have not deposited in Court the amount of money admitted to be due and owing said defendants. 2d. Because complainants did not file their said bill until said defendants had proceeded with their cause to the appeal, and for an unreasonable time thereafter. 3d. Because there is no equity in said complainant’s bill. The Court…
1Opinion of the CourtMcDonald, J.
By Ike Court. delivering the opinion.
[1.] Several Terms of the Court have passed since the filing of the bill of interpleader in this case, and it is now too late to move to dismiss the bill, on the ground that the amount of money shown to be due and owing the defendants has not been paid into Court by the complainants. If the defendants claim to bo entitled to have it paid in, they should move the Court below to that effect and have the right decided.
[2.] The bill of interpleader is filed by trustees, asking the direction of the Court, for their own protection. The bill shows a complicated…
2Cited by8 opinions
- International Ass'n of MacHinists v. StreetSupreme Court of Georgia · 1959
- Shore v. BrownCourt of Appeals of Georgia · 1917
- Dennard v. Farmers & Merchants BankSupreme Court of Georgia · 1921
- Alred v. Celanese Corp. of AmericaSupreme Court of Georgia · 1949
- McCurry v. CunninghamCourt of Appeals of Georgia · 1918
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