Legal Opinion

Knoxville Iron Co. v. Wilkins, Post & Co.

Supreme Court of Georgia

Decided March 30, 1885PublishedCited by 5 opinions

'Injunction and Receiver. Equity. Practice in Superior Court. Laws. Insolvency. Debtor and Creditor. Before Judge Hammond. Fulton County. At Chambers. February 10,1885. The Knoxville Iron Company brought their bill for injunction and receiver against Wilkins, Post & Company et al., alleging that the copartnership was a firm of insolvent traders. The bill was sworn to on January 23, 3 8S5, and was marked filed in office on that day.

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'Injunction and Receiver. Equity. Practice in Superior Court. Laws. Insolvency. Debtor and Creditor. Before Judge Hammond. Fulton County. At Chambers. February 10,1885. The Knoxville Iron Company brought their bill for injunction and receiver against Wilkins, Post & Company et al., alleging that the copartnership was a firm of insolvent traders. The bill was sworn to on January 23, 3 8S5, and was marked filed in office on that day. The firm assigned on January 24, in the morning. The bill was not sane-' tioned when filed, but on January 24, Judge Hutchins^ of the Western circuit, granted an…

1Opinion of the Court

Hall, Justice.

This was a bill exhibited under the act of the general assembly of 1880 and 1881, — Code, §3149, (a), (b), (c), (d), (e) and (f) — for the purpose of collecting and appropriating to the use of the creditors the assets and effects of a firm of alleged insolvent traders, who had failed at the maturity of one or more of their debts to pay the same, and had refused so to do upon proper demand made. The bill, among other things, prayed an injunction and the appointment of a receiver. If filed at all in the office of the court to which it is returnable, it was filed on the night…

2Cases cited1 opinion

  1. Barnwell v. WoffordSupreme Court of Georgia · 1881

3Cited by5 opinions

  1. Atlanta Real Estate Co. v. Atlanta National BankSupreme Court of Georgia · 1886
  2. Nuckolls v. MerrittSupreme Court of Georgia · 1960
  3. Donalson v. DonalsonSupreme Court of Georgia · 1945
  4. J. B. Withers Cigar Co. v. KirkpatrickSupreme Court of Georgia · 1943
  5. Farmers Union Warehouse Co. v. Coweta Fertilizer Co.Supreme Court of Georgia · 1909

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