Parks v. Jones
| Citation | 88 Ga.App. 188,76 S.E.2d 449 |
| Decision Date | 13 May 1953 |
| Docket Number | No. 34601,No. 1,34601,1 |
| Parties | PARKS v. JONES et al |
| Court | United States Court of Appeals (Georgia) |
Syllabus by the Court
The petition alleged a good cause of action for a declaratory judgment as against an oral motion to dismiss, and the court erred in sustaining such motion and in dismissing the action.
J. H. Parks petitioned Lumpkin Superior Court for a declaratory judgment, naming as defendants therein Mrs. Fred Jones, Jr., F. P. Sills, Jr., and Phil M. Landrum. The petition alleged substantially: that in 1948 Honorable M. E. Thompson, Acting Governor of Georgia, caused certain proposed constitutional amendments to be published in numerous newspapers over the State, among which was the Dahlonega Nugget; that such amendments were published several times in the Dahlonega Nugget; that due to an opinion of the Attorney General of Georgia, rendered on September 17, 1948, the Acting Governor requested that the Dahlonega Nugget and other newspapers throughout the State stop publication of the amendments; that in pursuance of such request the Dahlonega Nugget stopped said publications and was subsequently paid by the State therefor the sum of $44.12, which was received by defendant F. P. Sills, Jr., then owner of the Nugget; that on June 1, 1948, defendant Sills contracted to purchase the Nugget from defendant Mrs. Fred Jones, Jr.; that on January 5, 1949, defendant Mrs. Jones petitioned the superior court for the appointment of a receiver to operate the Nugget, the defendant Sills having defaulted on his contract of purchase and absconded; that the court named defendant Phil M. Landrum as receiver to take over and operate the Nugget and to secure bids from prospective purchasers of the business; that on March 1, 1949, pursuant to an order of the court dated February 28, 1949, Phil M. Landrum, receiver, executed and delivered to the petitioner a bill of sale to the Dahlonega Nugget, including the subscription list thereto, the assets thereof as listed by inventory, and the name and good will thereof, a copy of such bill of sale being attached to the petition as Exhibit A; 'that on said date of sale by the receiver to your petitioner, your petitioner took possession of and began to publish said paper and has continuously since said date exercised his right of ownership and publisher of said newspaper in the honest and sincere belief that as owner of said newspaper, its name and good will, any benefit flowing to the said Dahlonega Nugget as such would be, and your petitioner alleges is, the property of your petitioner, especially where not specifically identified by the said receiver, incorporated in his inventory and return to the court, and a specific order passed thereon disposing of same under the said receivership'; 'that on the 27th day of February, 1952, your petitioner received notice from the Georgia Press Association that the said Dahlonega Nugget was due from the said State of Georgia the sum of $788.14 as a result of the passage of House Resolution Number 146-619a at the 1952 session of the legislature [Laws 1952, p. 503], authorizing the payment of certain sums to various newspapers, one of which was the Dahlonega Nugget, and that upon the condition your petitioner file with the said Georgia Press Association his application therefor, check in the amount of $788.14 payable to The Dahlonega Nugget would be mailed your petitioner'; that none of the...
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