Rabun v. Wynn

Supreme Court of Georgia

Rabun v. Wynn

86 S.E.2d 305, 211 Ga. 446, 1955 Ga. LEXIS 349

CourtSupreme Court of Georgia

DecidedMarch 14, 1955

Docket18855

StatusPublished

Cited by5 cases

This text of 86 S.E.2d 305 (Rabun v. Wynn) 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

Rabun v. Wynn, 86 S.E.2d 305, 211 Ga. 446, 1955 Ga. LEXIS 349 (Ga. 1955).

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Opinion

Duckworth, Chief Justice.

Originally the petition prayed for decree of title to the merchandise and fixtures, accounting for operations since the death of the petitioner’s intestate, appointment of a receiver, and an injunction forbidding disposal of the property; and the defendants answered, claiming title by purchase and gave bond to avoid a receivership, and in that state the case was one in equity when decided by this court in Rabun v. Wynn, 209 Ga. 80 (70 S. E. 2d 745). However, since the ease was in this court and on June 16, 1954, the petitioner amended by reciting that an eventual-condemnation-money bond of $15,000 had been filed by the defendants, and that she was entitled to recover a money judgment against the defendants and the bondsman for the *447 value of the stock and fixtures as of the death of Carl Rabun, the intestate, on September 29, 1949. This completely eliminated all equity and prayers for equitable relief. The judgment excepted to is one in favor of the petitioner for the value of merchandise and fixtures in the amount of 87,265.20. The case being one at law, the Court of Appeals and not the Supreme Court has jurisdiction.

Argued February 14, 1955 Decided March 14, 1955. Robert D. Tisinger, William J. Wiggins, for plaintiffs in error. Shirley C. Boykin, Boykin & Boykin, Oscar W. Roberts, Jr., contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Duckworth, Chief Justice.

Originally the petition prayed for decree of title to the merchandise and fixtures, accounting for operations since the death of the petitioner’s intestate, appointment of a receiver, and an injunction forbidding disposal of the property; and the defendants answered, claiming title by purchase and gave bond to avoid a receivership, and in that state the case was one in equity when decided by this court in Rabun v. Wynn, 209 Ga. 80 (70 S. E. 2d 745). However, since the ease was in this court and on June 16, 1954, the petitioner amended by reciting that an eventual-condemnation-money bond of $15,000 had been filed by the defendants, and that she was entitled to recover a money judgment against the defendants and the bondsman for the *447 value of the stock and fixtures as of the death of Carl Rabun, the intestate, on September 29, 1949. This completely eliminated all equity and prayers for equitable relief. The judgment excepted to is one in favor of the petitioner for the value of merchandise and fixtures in the amount of 87,265.20. The case being one at law, the Court of Appeals and not the Supreme Court has jurisdiction.

Argued February 14, 1955 Decided March 14, 1955. Robert D. Tisinger, William J. Wiggins, for plaintiffs in error. Shirley C. Boykin, Boykin & Boykin, Oscar W. Roberts, Jr., contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

86 S.E.2d 305, 211 Ga. 446, 1955 Ga. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabun-v-wynn-ga-1955.

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