FULTON COUNTY v. C. & S. NAT. BANK

38641, 38642.

103 Ga. App. 509 (1961)

120 S.E.2d 52

FULTON COUNTY v. CITIZENS & SOUTHERN NATIONAL BANK, Executor; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied April 14, 1961.


Attorney(s) appearing for the Case

Harold Sheats, Paul Anderson, Martin Peabody, for plaintiff in error.

Robert W. Spears, Albert G. Callaway, contra.


FRANKUM, Judge.

The attorneys for the plaintiff in error state in their brief the following: "Now, as a prologue to our argument, we wish to approach the court in a spirit of honesty and frankness. The recent decisions, both of this court and of the Supreme Court, dealing with these questions, are against the position which we now take. In the case of Woodside v. City of Atlanta, 214 Ga. p. 75 (3), the court said: `For the reason stated in the corresponding...

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