Stone v. King-Hodgson Co.
Supreme Court of Georgia
Equitable petition. Before Judge Walker. Jackson superior court. February 15, 1912. In December, 1911, Mrs. Eva B. Stone brought an action in the,; superior court of Jackson county against King-Hodgson Company, a partnership, all the members of which resided in Clarke county, and J. 0. Stapler, C. E. Fleeman, J. P. Johnson, and J. J. Pace, residents of - Jaekson county; the substance of the petition being as follows:. Petitioner is the owner of a described parcel of land…
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Equitable petition. Before Judge Walker. Jackson superior court. February 15, 1912. In December, 1911, Mrs. Eva B. Stone brought an action in the,; superior court of Jackson county against King-Hodgson Company, a partnership, all the members of which resided in Clarke county, and J. 0. Stapler, C. E. Fleeman, J. P. Johnson, and J. J. Pace, residents of - Jaekson county; the substance of the petition being as follows:. Petitioner is the owner of a described parcel of land upon which she resides and has resided for more than 15 years. About four years ago she was indebted to King-Hodgson…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The constitution of this State declares: “Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” Civil Code, § 6540. An exception is made by the Civil Code, § 5537, as to “eases of injunctions to stay pending proceedings, when the petition may be filed in the county where the proceedings are pending: Provided, no .relief is prayed as to matters not included in such litigation.” This exception is upheld only on the theory of waiver; that is, that where a party institutes a proceeding in a court of a…
2Cases cited3 opinions
- Crawley v. BargeSupreme Court of Georgia · 1909
- Hood v. HoodSupreme Court of Georgia · 1909
- Ellis v. StewartSupreme Court of Georgia · 1905
3Cited by10 opinions
- Ferrell v. WightSupreme Court of Georgia · 1938
- Breeden v. BreedenSupreme Court of Georgia · 1947
- Allstate Insurance v. HillSupreme Court of Georgia · 1962
- Askew v. Bassett Furniture Co.Supreme Court of Georgia · 1931
- COMMONWEALTH UNITED CORPORATION v. RothbergSupreme Court of Georgia · 1965
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