122 Ga. 677 | Ga. | 1905
In an equitable proceeding brought by Haines and Bishop against the Warwick Cotton Mills, to foreclose a second mortgage held by them on the mill plant, S. F. Garlington was •appointed receiver of the property. Pending the proceeding, the receiver made advances from his individual funds in payment for •services of watchmen he had employed to care for the property .and for premiums of insurance policies on the same. On the receiver’s petition to the judge to make Davison & Fargo, trustees under a first mortgage on the property, parties to the case in which he had been appointed receiver, and to require them to set •up their claims therein, and to enjoin Clark, the sheriff of Richmond county, from selling the property under executions in his hands for taxes due thereon, and to have the amounts due the receiver for fees and necessary expenses of administration declared
The only point referred to in the brief of counsel for the plaintiff in error is the alleged error of the judge in refusing to make the trustees under the first mortgage parties to the original case. Assuming that question to be properly here for adjudication, we are, in view of the fact that the property has been sold by the sheriff under the tax executions, unable to see how a decision now made, even if in favor of the plaintiff in error, would be of any practical benefit to him. This court has frequently held that it will not undertake to pass upon questions presented by a bill of exceptions when it affirmatively appears that, even if the judgment, of the court below were reversed, the plaintiff in erro.' would derive no benefit from the adjudication. Davis v. Jasper, 119 Ga. 57, and cases cited. ,If this court should be of opinion that the judge below erred in not making the trustees under the
Writ of error dismissed.