Simms v. Tidwell

Simmons, Chief Justice.

The petition was brought under the “trader’s act,”' (Code, §3149 et seq.) In order to maintain such a petition, it must appear that at the time of its filing the debtor was engaged in business as a trader. (Mercer v. Houston Guano Co., 95 Ga. 359 and case cited.) It appears that the defendant had ceased to be a trader before the filing of the petition, having several days before that time made a sale o-f his entire stock of merchandise to his wife. It was alleged by the plaintiffs that the sale was fraudulent, but. *687the allegation is not sustained by the evidence. The…