Legal Opinion

Fourth National Bank v. Mooty

Supreme Court of Georgia

Decided February 11, 1915PublishedCited by 20 opinions

Equitable petition. Before Judge Daniel. Muscogee superior court. October 3, 1913. The Fourth National Bank of Columbus, Georgia, brought an action in the superior court of Muscogee county against H. M. Mooty, a resident of Fulton county, and Leo Loewenherz, a resident of Muscogee county, alleging as follows: Mooty is indebted to the plaintiff on certain promissory notes, copies of which are attached, to the petition.

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Equitable petition. Before Judge Daniel. Muscogee superior court. October 3, 1913. The Fourth National Bank of Columbus, Georgia, brought an action in the superior court of Muscogee county against H. M. Mooty, a resident of Fulton county, and Leo Loewenherz, a resident of Muscogee county, alleging as follows: Mooty is indebted to the plaintiff on certain promissory notes, copies of which are attached, to the petition. For many years past Loewenherz has conducted a mercantile business, and Mooty was in his employment. According to information being conveyed to the plaintiff by Loewenherz, on…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.) The uniform procedure act of 1887, permitting the joinder of legal and equitable causes, and obtaining appropriate relief in the same action, did not change any essential feature of the law respecting the venue of actions. Before its passage a creditor without a lien, under ordinary conditions, could not first maintain an action to set aside a fraudulent conveyance of his debtor; but since its enactment a creditor, in one action, may attack a sale made by his debtor as fraudulent, and obtain judgment against his debtor for the debt. Booth v. Mohr, 122 Ga.…

2Cases cited3 opinions

  1. DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
  2. Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
  3. Cunningham v. Williams Co.Supreme Court of Georgia · 1910

3Cited by20 opinions

  1. Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
  2. Hines v. WilsonSupreme Court of Georgia · 1927
  3. Register v. Stone's Independent Oil Distributors, Inc.Supreme Court of Georgia · 1971
  4. Bird v. TrapnellSupreme Court of Georgia · 1917
  5. Keeter v. Bank of EllijaySupreme Court of Georgia · 1940

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