Legal Opinion

Seligman v. M. Ferst & Co.

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 4 opinions

Bankruptcy. Injunction. Jurisdiction. Equity. Before Judge Tompkins. Chatham Superior Court. November Adjourned Term, 1875. This case will be found fully reported in 55 Georgia Reports, 546. It is only necessary to add the following: To the petition of the trustees in bankruptcy to have the funds in the hands of the receiver of Chatham superior court turned over to them, the complainants filed, amongst other, the following objections: 1st. That the injunction alleged-to have…

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Bankruptcy. Injunction. Jurisdiction. Equity. Before Judge Tompkins. Chatham Superior Court. November Adjourned Term, 1875. This case will be found fully reported in 55 Georgia Reports, 546. It is only necessary to add the following: To the petition of the trustees in bankruptcy to have the funds in the hands of the receiver of Chatham superior court turned over to them, the complainants filed, amongst other, the following objections: 1st. That the injunction alleged-to have been granted by the district court of the United States for the southern district of Georgia, and referred to. in said…

1Opinion of the Court

Bleckley, Judge.

Notwithstanding the views indicated by this court in 52 Georgia Reports, 371, and 55 Ibid., 547, in reference to injunctions by the federal courts in connection with their bankruptcy jurisdiction, it is still urged that there is no authority of law for granting any such injunction. If, indeed, none can be granted,-then it cannot be necessary to obtain any. It follows that, in a proper case for turning over a fund, it should be turned over on due application for it, without any injunction. If this court has gone Wrong heretofore in treating an injunction as a part of the…

2Cited by4 opinions

  1. Wilson v. ParrSupreme Court of Georgia · 1902
  2. McGahee v. CruickshankSupreme Court of Georgia · 1909
  3. in re MooreDistrict Court, N.D. Georgia · 1930
  4. Seligman v. SaussySupreme Court of Georgia · 1878

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