Manry v. First National Bank

2 S.E.2d 645, 188 Ga. 53, 1939 Ga. LEXIS 468

• Court: Supreme Court of Georgia
• Decided: April 12, 1939
• Docket: No. 12772
• Status: Published

Opinion

Grice, Justice.

The court did not err in sustaining a general demurrer to the plaintiffs’ suit, one ground of which was that the same “shows on its face that the relief prayed for can. not be granted as against this defendant,” the sole defendant being a national banking association, and the only prayer, besides the one for process, being that an injunction issue, before a final judgment. The instant case can not on principle be distinguished from, and is controlled by, National Bank of Savannah v. Craven, 147 Ga. 753 (95 S. E. 246); American National Bank of Macon v. Dure, 148 Ga. 498 (97 S. E. 70); Hill v. First National Bank of West Point, 163 Ga. 458 (136 S. E. 437); Garrard v. Milledgeville Banking Co., 171 Ga. 247 (155 S. E. 40).

No. 12772. April 12, 1939. J. B. Ten-ell, for plaintiffs. Hwrvey J. Kennedy, for defendant.

Judgment affirmed.

All the Justices concur.