Legal Opinion

Van Leonard v. Stocks

Supreme Court of Georgia

Decided January 15, 1853No. 88PublishedCited by 1 opinion

In Equity, in Muscogee Superior Court. Decision by Judge Iverson, November Term, 1852. Thomas Stocks, for himself and other creditors of the Chattahoochee Railroad and Banking Company, on 25th March, 1848, filed in the Clerk’s office, a bill in Equity against Van Leonard, James Bethune, and others, stockholders in the said corporation, to make them liable for the redemption of the bank bills issued by the corporation.

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In Equity, in Muscogee Superior Court. Decision by Judge Iverson, November Term, 1852. Thomas Stocks, for himself and other creditors of the Chattahoochee Railroad and Banking Company, on 25th March, 1848, filed in the Clerk’s office, a bill in Equity against Van Leonard, James Bethune, and others, stockholders in the said corporation, to make them liable for the redemption of the bank bills issued by the corporation. On 27th December, 1848, important amendments to the bill were filed. Henry Crew and John Sutlive, two of the defendants, died pending the litigation. At November Term, 1852,…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

As to the first exception, that the Court, upon motion, allowed the complainant to amend his bill, by striking out the names of some of the defendants, no reason has been assigned why the order should not have been granted; and none occurs to this Court.

[1.] It is assigned as error, that the Court, upon application, passed an order requiring the defendants to answer the bill as *548amended, on or before the first day of the next term, with liberty to plead or demur, or both. The objection is, that the defendants are compelled to answer,…

2Cited by1 opinion

  1. McDougald v. DoughertySupreme Court of Georgia · 1854

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