Booth & Co. v. Mohr & Sons
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Clinch superior court. July 11, 1904. L. Mohr &' Sons and other creditors of R. J. Booth & Company, a partnership composed of R. J. Booth and Jessie R. Booth, instituted an equitable proceeding against that firm, Lucretia J. Booth, and the Citizens Bank of Valdosta, praying for an injunction, the appointment of a receiver, and other equitable relief.
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Equitable petition. Before Judge Kimsey. Clinch superior court. July 11, 1904. L. Mohr &' Sons and other creditors of R. J. Booth & Company, a partnership composed of R. J. Booth and Jessie R. Booth, instituted an equitable proceeding against that firm, Lucretia J. Booth, and the Citizens Bank of Valdosta, praying for an injunction, the appointment of a receiver, and other equitable relief. The facts alleged in the plaintiffs’ petition were substantially as follows: Booth & Company had conducted a general merchandise business in the town of Argyle, during the course of which that firm became…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1-3. The demurrer was general. Before the passage of the uniform procedure act of 1887, which is codified in the Civil Code, § 4937, a creditor without a lien, under ordinary conditions, could not first maintain an action to set aside a fraudulent conveyance of his debtor. See Haralson v. Newton, 63 Ga. 163; Comer v. Coates, 69 Ga. 491; Stephens v. Whitehead, 75 Ga. 297. The act of 1887, however, made a great innovation in the law, and now a suitor in the same action may join legal and equitable causes and obtain appropriate relief. Creditors in one suit may proceed…
2Cases cited12 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Stillwell, Millen & Co. v. Savannah Grocery Co.Supreme Court of Georgia · 1891
- Broomhead v. GrantSupreme Court of Georgia · 1889
- Comer & Co. v. Coates & Co.Supreme Court of Georgia · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Hines v. WilsonSupreme Court of Georgia · 1927
- Smith v. HancockSupreme Court of Georgia · 1926
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Fourth National Bank v. MootySupreme Court of Georgia · 1915
27 more not listed; retrieve them via the Exa API.