People's Bank Of Talbotton v. Merch.S* & Mech.S' Bank Of Columbus

Decision Date09 August 1902
Citation116 Ga. 279,42 S.E. 490
CourtGeorgia Supreme Court
PartiesPEOPLE'S BANK OF TALBOTTON. v. MERCHANTS* & MECHANICS' BANK OF COLUMBUS.

STIPULATION—CONSTRUCTION—CONTINUANCE PENDING SIMILAR ACTION —PINAL JUDGMENT.

1. Where two distinct cases, having different parties plaintiff, and supposed to involve the same issues of law and fact, were pending against the same defendant, in the same court, at the same time, and the parties to the second one of such cases entered into a written agreement to the effect that the verdict and decree to be rendered after trial in the first should control and govern the second case, and when the first should be decided a verdict and decree should be rendered in the second in accordance therewith, and in the meantime the second case, which was the subject-matter of the agreement, should stand continued, and that agreement was approved by the judge and entered on the minutes of the court, held: (1) That the verdict and decree contemplated by the agreement is the final verdict and decree to be rendered in the case. (2) That a judgment rendered in such a case cannot be treated as final, so long as either of the parties thereto had the right to have the same reviewed by a writ of error. (3) That the trial judge erred when, at a term of the court at which a verdict and judgment was rendered in the first case, and within the time in which the parties to such judgment had the right to apply for a new trial and to sue out a writ of error seeking a reversal, he rendered a judgment for the plaintiff in the second case, over the objection of the defendant.

(Syllabus by the Court.)

Error from superior court, Talbot county; W. B. Butt, Judge.

Action by the Merchants' & Mechanics' Bank of Columbus against the People's Bank of Talbotton. Judgment for plaintiff, and defendant brings error. Reversed.

Persons & McGehee and J. H. Martin, for plaintiff in error.

Hatcher & Carson, for defendant in error.

LITTLE J. The Exchange Bank of Macon and the Merchants' & Mechanics' Bank of Columbus each separately instituted an equitable petition in the superior court of Talbot county against the People's Bank of Talbotton, in each of which cases the petitioners sought to require the latter bank to transfer on its books certain certificates of its stock to each of petitioners, and to issue new certificates on the shares of stock so to be transferred. The case of the Exchange Bank had been returned to the September term of the court, and that of the Merchants' & Mechanics' Bank to the following March term. The case of the Exchange Bank was, by consent of parties, referred, by order of court, to G. Y. Tigner, as auditor, to hear the same and report his finding to the next term of the court. Thereupon counsel for the Merchants' & Mechanics' Bank entered into a written agreement with counsel for the People's Bank, which was as follows: "Whereas, there is a certain equitable petition in favor of the Exchange Bank of Macon against the Peoples' Bank of Talbotton, being a petition asking that deft, be decreed to transfer to plff. certain bank stock therein described, and which suit has been referred to G. Y. Tigner, as auditor, to report to the next term of this court, it is hereby agreed between counsel in above-stated case that the verdict and decree in said case of Exchange Bank shall control and govern in the case of the Merchants' & Mechanics' Bank, and that, when decided, a verdict and decree shall be rendered in accordance therewith, and in the meantime said case shall stand continued." The agreement was approved by the judge and entered on the minutes of the court. The auditor heard the Exchange Bank case, and before...

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4 cases
  • Mutual Health & Benefit Ass'n v. Cranford
    • United States
    • Mississippi Supreme Court
    • 15 Octubre 1934
    ... ... 887; Penn Mut. Life Ins. Co. v. Mechanics Bank & Trust Co., ... 73 F. 413, 38 L.R.A. 33 ... 121; Snyder v. Cox, 50 S.W. 263; Peoples Bank v ... Merchants, etc., Bank, 42 S.E. 490; ... ...
  • Commercial Union Assur. Co v. Chattahoochee Lumber Co
    • United States
    • Georgia Supreme Court
    • 7 Febrero 1908
    ...been considered effective in the cases not tried only on final judgment in the one tried. People's Bank v. Merchants' & Mechanics' Bank, 116 Ga. 279, 42 S. E. 490. See, also, on the general subject, the discussion in the opinion of Green, C. J., and the dissenting opinion of Nevius, J., in ......
  • Commercial Union Assur. Co., Limited, of London v. Chattahoochee Lumber Co.
    • United States
    • Georgia Supreme Court
    • 7 Febrero 1908
    ...Case would have been considered effective in the cases not tried only on final judgment in the one tried. People's Bank v. Merchants' & Mechanics' Bank, 116 Ga. 279, 42 S.E. 490. also, on the general subject, the discussion in the opinion of Green, C.J., and the dissenting opinion of Nevius......
  • People's Bank v. Merchants' & Mechanics' Bank
    • United States
    • Georgia Supreme Court
    • 9 Agosto 1902
    ...42 S.E. 490 116 Ga. 279 PEOPLE'S BANK OF TALBOTTON v. MERCHANTS' & MECHANICS' BANK OF COLUMBUS. Supreme ... against the Peoples' Bank of Talbotton, being a petition ... asking that deft ... ...

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