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House v. Batson

House v. Batson, 4 S.E.2d 33 (Ga. 1939)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
June 15, 1939
Docket
No. 12833
Judges
Duckworth
Citations
4 S.E.2d 33188 Ga. 3141939 Ga. LEXIS 543

Opinion of the Court — Duckworth

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Duckworth, Justice.

The pleadings and the evidence make the one issue whether or not the.year’s-support property involved was encumbered for the support of the wife, beneficiary thereunder. On this question the evidence on the trial was in sharp conflict, and the discretion of-the judge in denying an injunction will not be disturbed. Code, § 55-108; Gillen v. Coconut Grove Bank & Trust Co., 171 Ga. 162 ( 154 S. E. 787 ); Murrell v. North London Fine Art Co., 173 Ga. 224 ( 160 S. E. 343 ); Traylor v. Peoples Bank of Carrollton, 179 Ga. 895 (3) ( 177 S. E. 702 ). No issue made by the pleadings and the evidence' requires application or construction'of the act approved March. 12, 1937 (Ga. L. 1937, p. 861),-since it appears that none of'the. beneficiaries of the year’s stípport were minors at the time the loan, was-made, and the minor beneficiaries who have attained the age of majority are not parties seeking relief in the instant case. .

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1952: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. Harnesberger v. Davis70 S.E.2d 615 (Ga. Ct. App. 1952)

Most recent

  1. Harnesberger v. Davis70 S.E.2d 615 (Ga. Ct. App. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Murrell v. North London Fine Art Co., 160 S.E. 343 (Ga. 1931) 6
Traylor v. Peoples Bank, 177 S.E. 702 (Ga. 1934) 5
Gillen v. Coconut Grove Bank & Trust Co., 154 S.E. 787 (Ga. 1930) 1

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