Phillips v. Wesson
Supreme Court of Georgia
In Equity, from Bibb Superior Court. Decided by Judge Powers, May Term, 1854. This tras a bill filed by certain creditors of William J. Stephens, setting forth that they had sold to said Stephens, merchandise to the amount of Six Thousand Dollars; that they had obtained judgments on their claims, and ea. sas. had been issued against Stephens, and be had been discharged under the Insolvent Laws.
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In Equity, from Bibb Superior Court. Decided by Judge Powers, May Term, 1854. This tras a bill filed by certain creditors of William J. Stephens, setting forth that they had sold to said Stephens, merchandise to the amount of Six Thousand Dollars; that they had obtained judgments on their claims, and ea. sas. had been issued against Stephens, and be had been discharged under the Insolvent Laws. Pending suit, garnishments had been served on William Phillips, to which he answered, denying owing anything to Stephens, or Having any effects of his in hand. The answer was not traversed, nor ayes…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
In the opinion of this Court, Counsel for the. plaintiff in error misapprehended the nature of complainant’s bill. They assume that it is filed to set aside the judgment of discharge, in favor of Stephens, under the Insolvent Lavra, and the proceedings in garnishment, against Phillips. And consequently, they 'treat the bill as though it were filed, to set aside judgments at Law; and it is demurred to in that respect. Such is not its object. . . -
[1.] What was the effect of the discharge, under the Honest Debtor's Act ? Nothing-more than to exempt…
2Cited by14 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Few v. PouCourt of Appeals of Georgia · 1924
- Tufts v. DuBignonSupreme Court of Georgia · 1878
- Williamson v. HaddockSupreme Court of Georgia · 1927
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