Smith v. Downing Co.
Court of Appeals of Georgia
, Mortgage foreclosure; from Evans superior court — Judge Sheppard. March 9, 1917.
1Opinion of the CourtLuke, J.
1. This ease arose as a proceeding under the Civil Code of 1910, § 3276 et seq., to foreclose a mortgage on realty. The case was carried to the Supreme Court by writ of error dated March 26, 1917, but on April 12, 1917, the Supreme Court ordered that the ease be transferred to this court. In so transferring the case, the Supreme Court necessarily held that this court had jurisdiction of such a ease.
2. In a statutory proceeding to foreclose a mortgage on realty, the only “process” that is necessary is the rule nisi prescribed by the statute, and the only prayer for process that is necessary is…
2Cases cited6 opinions
- Johnson v. McKaySupreme Court of Georgia · 1903
- Derrick v. SamsSupreme Court of Georgia · 1896
- Linderman v. AtkinsSupreme Court of Georgia · 1915
- Humphries v. NixSupreme Court of Georgia · 1886
- Hatcher & Co. v. Independence National Bank of PhiladelphiaSupreme Court of Georgia · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
- Colodny v. KrauseCourt of Appeals of Georgia · 1977
- Chatham County Commissioners v. RumarySupreme Court of Georgia · 1984
- Simmerson v. HerringdineSupreme Court of Georgia · 1928
- Commercial Trust Co. v. MossCourt of Appeals of Georgia · 1925
2 more not listed; retrieve them via the Exa API.