American Nat. Bank of Macon v. Dure

• Decision Date: 17 October 1918
• Docket Number: 933.
• Citation: 97 S.E. 70,148 Ga. 498
• Parties: AMERICAN NAT. BANK OF MACON v. DURE.
• Court: Georgia Supreme Court

97 S.E. 70

148 Ga. 498

AMERICAN NAT. BANK OF MACON v. DURE.

No. 933.

Supreme Court of Georgia

October 17, 1918

Syllabus by the Court.

A filed two suits in a superior court, the first against B. and the second against B. and C., both national banking associations, for the recovery of $12,500, basing his claim to a recovery upon an alleged equitable cause of action. Thereafter B. caused to be served upon A. notice of its intention to file in a city court a suit against A. upon three unconditional contracts in writing, executed and delivered by A. to B. Whereupon A. filed in the superior court a petition for injunction, ancillary to his suits aforesaid, and prayed that B. be enjoined from filing and prosecuting in the city court its threatened suit against him, based upon the written contracts, and that B. be required to present and assert its claim thereon in one of said suits pending in the superior court. An interlocutory injunction was granted, and B. excepted. Held, under the pleadings and evidence, the grant of the interlocutory injunction was error.

Further the case is controlled by the ruling in National Bank of Savannah v. Craven, 147 Ga. 753, 95 S.E. 246, where it was held that the prohibitory clause in the National Bank Act (Rev. St. U.S. § 5242; U.S. Comp. 1916, § 9834), providing that "no attachment, injunction, or execution shall be issued against such association [national banking association]...