96 Ga. 136 | Ga. | 1895
The facts upon which the questions were made in this case are sufficiently stated in the official report.
The general principles announced in the first, second and third head-notes are such as not to require further elaboration than is therein stated. To a correct -appli
That an affidavit of non-collusion by the plaintiff in propria persona is essential to the maintenance of a petition for interpleader, we do not think is open to serious question; but under our liberal system of pleadings and amendments, we know of no reason why the judge of the superior court may not allow this formal affidavit to be supplied when this case shall again be reinstated in the superior court, and then proceed to final judgment as though it had been originally made.
We think that, upon the facts disclosed in the record, the superior court had jurisdiction of the person of this non-resident respondent. She was represented by attorneys at law, in favor of whose acts liberal presumptions are indulged. These attorneys acknowledged due and
Judgment on main bill of exceptions reversed.
Judgment on cross-bill of exceptions affirmed.