Supreme Court of Georgia, 1903

Ehrlich & Brother v. Shuptrine

Supreme Court of Georgia · Decided June 29, 1903 · Simmons

117 Ga. 882; 45 S.E. 279; 1903 Ga. LEXIS 377

Cases that cite this one

2 later published cases cite this decision.

Gillespie v. SAND-ROCK TRANSIT, INC. (Ga. Ct. App. 2008)
Sullivan v. Ginsberg (Ga. 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

Asa city court lias no jurisdiction to grant affirmative equitable’ relief, it can not entertain a proceeding to set aside an assignment. If the assignment is void on its face, it is unnecessary to resort to any proceeding, legal or equitable, to have it so declared; if for other reasons it should beset aside, the proceeding therefor should be brought in a court having equitable jurisdiction. Judgment affirmed.

All the Justices concur.

Petition to vacate assignment. Before Judge Bower. City court of Bainbridge. September 4, 1902.

Townsend &■ Westmoreland, for plaintiffs. A. H. & B. B. Bussell and B. W. Fleming, for defendants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.