Legal Opinion

Gullatt v. Thrasher

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 1 opinion

Equity Practice. Injunction. Before Judge Parrott. Chambers. Fulton County. August, 1870. The bill of the next friend of Mrs. Barnes made this case against James E. Gullatt, as administrator of William Barnes, complainant’s husband, and J. J. Thrasher, and other nominal parties.

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Equity Practice. Injunction. Before Judge Parrott. Chambers. Fulton County. August, 1870. The bill of the next friend of Mrs. Barnes made this case against James E. Gullatt, as administrator of William Barnes, complainant’s husband, and J. J. Thrasher, and other nominal parties. In October, 1862, James E. Gullatt, Rhodes and William Barnes, styled Gullatt & Company, agreed with Thrasher as follows: Gullatt & Company and Thrasher were to associate in the machine and foundry business; the amounts to be put in by the firm and by Thrasher were fixed; the firm was to have half the profits and bear…

1Opinion of the CourtMcCay, J.

The powers of a Court of Equity are in the Superior Court. Though, in many respects, the Judge acts independently of the jury, yet, it is while he is upon the bench, and during the session of the Court, that his functions are performed. His powers during vacation are exceptional, and generally are specially pointed out by law: Revised Code, 3150, 3151. With the exception of that jurisdiction exercised by the Court in the protection of trust-estates, and the property and person of wards in Chancery, (Code, 4162,) there are but few acts which the Chancellor may perform in vacation, except acts…

2Cited by1 opinion

  1. Wilcox v. City of ElbertonSupreme Court of Georgia · 1899

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