Georgia Reports Volume 63

Georgia Reports Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: Kelly & Brothers are committing waste, have already felled a large portion of the timber, and are preparing to cut what remains. They pray that defendants he enjoined from any further waste, that an accounting he had for that already committed, that a forfeiture of the life-estate be decreed, and that a receiver be appointed to preserve the property during the litigation. Service was acknowled by all of the defendants to the bill. Upon the hearing of the application for injunction, which was at chambers, on the 5th of December, 1879, Kelly & Brothers demurred on the following grounds: 1. Because there is no equity in the bill. 2. Because it is multifarious, introducing matters in which these defendants have no interest, and also a. party who has, and can have, n0 interest in the litigation affecting the rights of the parties filing this demurrer. Frances C. Jordan made no defense. The chancellor sustained the demurrer, dismissing the bill as to Kelly & Brothers. To this judgment complainants excepted, and assigned error as follows: 1. In sustaining said demurrer and dismissing the bill as to Kelly & Brothers. 2. In not granting an injunction against Kelly & Brothers, and in not appointing a receiver as prayed for. Kelly & Brothers acknowledged service of the bill. No service was perfected on Frances C. Jordan. The case was carried up under the expeditious law relating to injunctions. When the case was called in this court, counsel for Kelly & Brothers moved that the writ of error be dismissed because the ruling on the demurrer could not be reviewed under this writ of error, and the refusal of the injunction and to appoint a receiver, could not be passed on because of the failure to make Frances C. more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236770501
  • 9781236770509