181 Ga. 745 | Ga. | 1936
Beatrice Travis instituted proceedings in Richmond superior court against Berry Gough as administrator of the estate of Miller Gough, and others, alleging that the adminis
The motion to dismiss is denied.
This suit is over a specified sum of money held subject to the order of the court in pursuance of the suit brought by Berry Gough as administrator, in Richmond County, and is not an independent proceeding against Berry Gough as administrator, a
The petitioner seeks to require all parties defendant to intervene in the equitable suit and to have the rights of all determined in that suit. The city court of Richmond' County is powerless to aSord an adequate remedy to the petitioner. She was not a party, and could not intervene in the trover suit pending in that court. First National Bank of Bainbridge v. Knowles, 179 Ga. 377 (179 S. E. 791), and cit. She alleges that the automobile was illegally seized and sold under a short order, and she is now seeking to impound the proceeds of the sale and to have the court decree that the money belongs to her in lieu of the automobile. The court erred in sustaining the general demurrer and dismissing the petition. Judgment reversed.