Hollingsworth v. Johns & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Miller. Bibb superior court. April term, 1892. To the dismissal of his petition Hollingsworth excepted upon the grounds, that the allegations showed that the mortgages attacked amounted to a voluntary assignment by insolvent debtors for the benefit of creditors, and the assignment not being executed in accordance with law should be set aside; and that petitioner was entitled to a general judgment against Johns & Company, and the petition…
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Equitable petition. Before Judge Miller. Bibb superior court. April term, 1892. To the dismissal of his petition Hollingsworth excepted upon the grounds, that the allegations showed that the mortgages attacked amounted to a voluntary assignment by insolvent debtors for the benefit of creditors, and the assignment not being executed in accordance with law should be set aside; and that petitioner was entitled to a general judgment against Johns & Company, and the petition containing a prayer therefor, the court had no authority to dismiss it. The allegations are: Johns & Company, a firm…
1Opinion of the Court
Judgment reversed, with direction.
Equitable petition. Before Judge Miller. Bibb superior court. April term, 1892. To the dismissal of his petition Hollingsworth excepted upon the grounds, that the allegations showed that the mortgages attacked amounted to a voluntary assignment by insolvent debtors for the benefit of creditors, and the assignment not being executed in accordance with law should be set aside; and that petitioner was entitled to a general judgment against Johns & Company, and the petition containing a prayer therefor, the court had no authority to dismiss it. The allegations…
2Cited by1 opinion
- Fulton & Bro. v. Gibian & Co.Supreme Court of Georgia · 1896