Hawes v. Bank of Elberton
Supreme Court of Georgia
Petition. Before Judge Holden. Elbert superior court. May 27, 1905. A petition was filed by A. S. Hawes, as trustee in bankruptcy of J. J. Stephenson, against the Bank of Elberton, to set aside an al-. leged preference in favor of the bank, made by the bankrupt within four months next preceding the filing of the proceedings in bankruptcy. The case made by the petition was substantially as follows: Stephenson had been conducting business as a wholesale grocer in Elberton, Ga.
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Petition. Before Judge Holden. Elbert superior court. May 27, 1905. A petition was filed by A. S. Hawes, as trustee in bankruptcy of J. J. Stephenson, against the Bank of Elberton, to set aside an al-. leged preference in favor of the bank, made by the bankrupt within four months next preceding the filing of the proceedings in bankruptcy. The case made by the petition was substantially as follows: Stephenson had been conducting business as a wholesale grocer in Elberton, Ga. On or about July 15, 1902, he sold out his business to D. C. Smith, J. R. Mattox, and D. H. Arnold, for approximately…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) 11 On the call of the case id this court a motion to dismiss the writ of error was made on the grounds, (1) that the Civil Code, §5553, allowing a “plaintiff in error” to carry a case to the Supreme Court in forma pauperis, does not apply to a trustee in bankruptcy, and (3) even were this otherwise, the pauper affidavit filed by the trustee is insufficient, inasmuch as he does not swear that because of his poverty he is unable to pay the costs, but merely that the estate he represents is unable to do so, notwithstanding “the contemplation of this section is, that…
2Cases cited5 opinions
- Jordan v. PollockSupreme Court of Georgia · 1853
- Bryant v. BoozeSupreme Court of Georgia · 1875
- Barfield v. HartleySupreme Court of Georgia · 1899
- Hunt v. DunnSupreme Court of Georgia · 1884
- Clarke v. IngramSupreme Court of Georgia · 1899
3Cited by4 opinions
- Capers v. BallSupreme Court of Georgia · 1955
- Brackin v. BrackinSupreme Court of Georgia · 1966
- Walker v. Ful-Kalb Inc.Supreme Court of Georgia · 1935
- Veal v. VealCourt of Appeals of Georgia · 1932