Legal Opinion

Stillwell, Millen & Co. v. Savannah Grocery Co.

Supreme Court of Georgia

Decided November 23, 1891PublishedCited by 26 opinions

Insolvent traders. Injunction and receiver. Debtor and creditor. Practice. Before Judge Huberts. Montgomery county. At chambers, June 1, 1891. The Savannah Grocery Company et al., creditors of Peacock, Peterson & Company, filed their petition in the nature of a general creditor’s bill, alleging: They are creditors of the firm named, composed of G. W. Peacock and of ~W. M. and C. H. Peterson, who are merchants and are also engaged in the saw-mill business.

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Insolvent traders. Injunction and receiver. Debtor and creditor. Practice. Before Judge Huberts. Montgomery county. At chambers, June 1, 1891. The Savannah Grocery Company et al., creditors of Peacock, Peterson & Company, filed their petition in the nature of a general creditor’s bill, alleging: They are creditors of the firm named, composed of G. W. Peacock and of ~W. M. and C. H. Peterson, who are merchants and are also engaged in the saw-mill business. As such traders and lumber manufacturers they bought from petitioners, from time tó time, goods to be used by them in the course of their…

1Opinion of the Court

Bleckley, Chief Justice.

The facts are stated in the official report. The judgment below was acquiesced in by the debtors, Peacock, Peterson & Co., the excepting parties being Stillwell, Milieu & Co. alone. In so far, therefore, as the granting of an injunction and the appointment of a receiver concern any property not conveyed by the former of those firms to the latter, the decision of the presiding judge, whether correct or incorrect, should not and could not be disturbed on this writ of error. What we shall rule will have relation only to the property embraced in the conveyance to which we…

2Cases cited5 opinions

  1. DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
  2. Cohen v. Meyers, Cohen & Co.Supreme Court of Georgia · 1871
  3. S. Mayer & Co. v. Wood, March & Co.Supreme Court of Georgia · 1876
  4. Kimbrell v. Walters' Sons & Co.Supreme Court of Georgia · 1890
  5. Powell, Brother & Co. v. Kelly Bros. & PorterSupreme Court of Georgia · 1889

3Cited by26 opinions

  1. Conley v. BuckSupreme Court of Georgia · 1897
  2. Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
  3. Benton v. TurkSupreme Court of Georgia · 1939
  4. Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
  5. Young v. WilsonSupreme Court of Georgia · 1936

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