Walker v. Walker

• Decision Date: 12 February 1918
• Docket Number: (No. 417.)
• Citation: 147 Ga. 614,95 S.E. 10
• Parties: WALKER et al. v. WALKER et al.
• Court: Georgia Supreme Court

147 Ga. 614

95 S.E. 10

WALKER et al.

v.WALKER et al.

(No. 417.)

Supreme Court of Georgia.

Feb. 12, 1918.

(Syllabus by the Court.)

Error from Superior Court, Ben Hill County; D. A. R. Crum, Judge.

Petition by John D. Walker and the Walker Financing & Securities Company against the American State Bank of Fitzgerald and A. B. Cook, assignee, with order holding petitioners to be depositors, and with intervention by Mrs. Susan A. Walker as a depositor, and by A. B. C. Dorminy and others as stockholders, with exceptions pendente lite to the overruling of objections to amendments to the interventions. Judgment on special findings vacating the former order, motion for new trial overruled, and petitioners bring error. Writ of error dismissed.

W. H. Burwell, of Sparta, for plaintiffs in error.

Eldridge Cutts, of Fitzgerald, and H. J. Quincey, of Ocilla, for defendants in error.

GILBERT, J. The American State Bank of Fitzgerald, on April 3, 1913, executed and delivered, for the benefit of its creditors, a deed assigning all of its property to A B. Cook, reciting therein that John D. Walker and Walker Financing & Securities Company were depositors of the bank. Cook took charge and was proceeding to wind up the affairs of the bank. On October 1, 1913, John D. Walker and Walker Financing & Securities Company, a corporation, as depositors, filed a petition in equity against the bank and Cook as assignee. The prayers were: (a) That the deed of assignment be declared null and void; (b) that Cook, assignee, be removed and a receiver be appointed in his stead; (c) that Cook be required to make a full accounting; (d) that Cook be restrained from paying out any of the funds of the bank, and from transferring any of its property or assets; and (e) for general relief. On December 8, 1913, at chambers, the judge of the superior court passed an order providing, among other things, that Walker and the financing company be held and treated as depositors. Subsequently Mrs. Susan A. Walker, as a depositor, and A. B. C. Dorminy et al., as stockholders, intervened, alleging that Walker and the financing company were not depositors, but were general creditors of the bank. Amendments to the interventions were offered, and, upon objections to them being overruled, exceptions pendente lite were filed. A jury was impaneled, and certain questions were propounded to them, upon which, under the charge of the court, special verdicts were rendered, to wit: (a) That Mrs. Walker was a depositor; (b)that Dorminy et al. did not have notice of the facts alleged in their intervention at the time the original order was passed, December 8, 1913; (c) that J. D. Walker and Walker Financing & Securities Company were not depositors. The court rendered a judgment based on the findings of the jury, and specifically vacated and set aside the order of December S. 1918, in so far as it held and dealt with John D. Walker and ...