Legal Opinion
Hermann v. Mobley
Supreme Court of Georgia
Decided February 25, 1931No. 7889PublishedCited by 33 opinions
1Opinion of the CourtHill, J.
1. Creditors without lieu can not, as a general rule, enjoin their debtors from disposing of property, nor obtain injunction or other extraordinary relief in equity. Civil Code (1910), § 5495. An exception to the general rule is where an insolvent debtor is fraudulently transferring his property to one in complicity with him, who is disposing of the property, or where property is obtained by fraudulent representations. Albany Steel Co. v. Agricultural Works, 76 Ga. 135, 169 (3) (2 Am. St. R. 26) ; Cohen v. Morris, 70 Ga. 313.
2. Where there is one common right to be established by or against…
2Cases cited14 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Hines v. WilsonSupreme Court of Georgia · 1927
- Taylor v. ColleySupreme Court of Georgia · 1912
- Albany & Renssellaer Iron & Steel Co. v. Southern Agricultural WorksSupreme Court of Georgia · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
- Huey v. National BankSupreme Court of Georgia · 1933
- O'Jay Spread Co. v. HicksSupreme Court of Georgia · 1937
- Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
28 more not listed; retrieve them via the Exa API.