Reynolds & Hamby Estate Mortgage Co. v. Kingsbery
Supreme Court of Georgia
Injunction and receiver. Before Judge Kimsey. White superior court.' April 17, 1903.
1Opinion of the CourtSimmons, C. J.
1. At the interlocutory hearing of a petition for injunction demurrers to the petition can .he considered only as showing cause why an interlocutory injunction should not be granted, and the judge can not, at.chambers, before the appearance term, either overrule or sustain such demurrers. In the present case the demurrers were not such as to compel the refusal of the interlocutory injunction.
3. Under the petition and affidavits, the defendant in execution was not a trader within the meaning of the Civil Code, §2721. The plaintiffs being unsecured creditors and their allegations and proof not…
2Cases cited1 opinion
- Reeves v. BollesSupreme Court of Georgia · 1895
3Cited by2 opinions
- Brown v. DennisSupreme Court of Georgia · 1910
- Toomer v. WarrenSupreme Court of Georgia · 1905