Head v. Trustees of Jesse Parker Williams Hospital

Supreme Court of Georgia

Head v. Trustees of Jesse Parker Williams Hospital

9 S.E.2d 171, 190 Ga. 360, 1940 Ga. LEXIS 455

CourtSupreme Court of Georgia

DecidedMay 23, 1940

Docket13173.

StatusPublished

This text of 9 S.E.2d 171 (Head v. Trustees of Jesse Parker Williams Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Head v. Trustees of Jesse Parker Williams Hospital, 9 S.E.2d 171, 190 Ga. 360, 1940 Ga. LEXIS 455 (Ga. 1940).

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Opinion

Atkinson, Presiding Justice.

The exception is to a judgment sustaining a general demurrer to the petition of Grady Head as State revenue-commissioner for intervention in the case of Taylor v. Trustees of Jesse Parker Williams Hospital, ante, 349. The object of the intervention was to collect an inheritance tax alleged to be due to the State of Georgia by the plaintiff Taylor as heir at law, and certain ad valorem taxes alleged to be due to the State on the property devised by will to the. Trustees of Jesse Parker Williams Hospital. There were no assets or funds in the custody of the court for distribution to creditors | or others. Held:

.1. While the main suit was in equity, the prayers being for injunction and for establishing title of the' plaintiff to the property involved, and for an accounting, these were matters purely of personal concern as between the parties to the suit, in which the State did not have any special interest. In such circumstances there is no authority of law for the State to intervene.-. See generally on this subject, Code, §§ 37-1006; 55-304; 55-312; 24-211; Krippendorf v. Hyde, 110 U. S. 276 (4 Sup. Ct. 27, 28 L. ed. 145) ; 11 Enc. Pl. & Pr., 498 (b), note 2.

2. The judge did not err in dismissing the petition for intervention, on general demurrer. Judgment affirmed.

All the Justices concur.

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Atkinson, Presiding Justice.

The exception is to a judgment sustaining a general demurrer to the petition of Grady Head as State revenue-commissioner for intervention in the case of Taylor v. Trustees of Jesse Parker Williams Hospital, ante, 349. The object of the intervention was to collect an inheritance tax alleged to be due to the State of Georgia by the plaintiff Taylor as heir at law, and certain ad valorem taxes alleged to be due to the State on the property devised by will to the. Trustees of Jesse Parker Williams Hospital. There were no assets or funds in the custody of the court for distribution to creditors | or others. Held:

.1. While the main suit was in equity, the prayers being for injunction and for establishing title of the' plaintiff to the property involved, and for an accounting, these were matters purely of personal concern as between the parties to the suit, in which the State did not have any special interest. In such circumstances there is no authority of law for the State to intervene.-. See generally on this subject, Code, §§ 37-1006; 55-304; 55-312; 24-211; Krippendorf v. Hyde, 110 U. S. 276 (4 Sup. Ct. 27, 28 L. ed. 145) ; 11 Enc. Pl. & Pr., 498 (b), note 2.

2. The judge did not err in dismissing the petition for intervention, on general demurrer. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

9 S.E.2d 171, 190 Ga. 360, 1940 Ga. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/head-v-trustees-of-jesse-parker-williams-hospital-ga-1940.

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