Chamblee v. Atlanta Brewing & Ice Co.
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Eulton superior court. September 27, 1907. The Atlanta Brewing- & Ice Company filed its equitable petition against C. J. Simmons and several other defendants.
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Equitable petition. Before Judge Ellis. Eulton superior court. September 27, 1907. The Atlanta Brewing- & Ice Company filed its equitable petition against C. J. Simmons and several other defendants. It alleged, in brief, as follows: On September. 25, 1905, Simmons obtained a judgment against L. D. and A. C. Morris, as individuals and as executors of the estate of Mrs. Elizabeth Morris, for $4,500 principal, $1,233.97. interest, $573.97 attorney’s fees, and costs, the judgment being based on a note given by L. D. & A. O. Morris and indorsed by Mrs. Elizabeth Morris in 1902. A fi. fa. issued…
1Opinion of the CourtAtkinson, J.
Inasmuch as a judgment in Georgia binds all the property of the defendant from its date, and the plaintiff in the execution may levy on any of such property which is subject to the lien of his judgment, at his option (with the right in the defendant to point out property), if the defendant in an execution duly entered on the docket conveys any or all of his property to others, equity will not delay the plaintiff in execution in the enforcement of his legal right to levy on some portions of the property in order that the purchasers of different parts thereof may adjust among themselves their…
2Cases cited23 opinions
- Hardin v. BoydSupreme Court of the United States · 1885
- Watkins v. GilmoreSupreme Court of Georgia · 1904
- Amis v. CameronSupreme Court of Georgia · 1875
- Virginia-Carolina Chemical Co. v. Home Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1902
- Smith v. DobbinsSupreme Court of Georgia · 1891
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3Cited by8 opinions
- Bridges v. DonalsonSupreme Court of Georgia · 1927
- Saliba v. SalibaSupreme Court of Georgia · 1946
- Miller & Co. v. GibbsSupreme Court of Georgia · 1926
- Phillips v. HightowerSupreme Court of Georgia · 1940
- Miller v. JonesSupreme Court of Georgia · 1911
3 more not listed; retrieve them via the Exa API.