Baker, Wilcox & Co. v. Wimpee
Supreme Court of Georgia
Rule, in Cass Superior Court. Decision by Judge Trippe*. June Term, 1855. This was a motion to distribute money in the hands of the-Sheriff, arising from the sale of the individual property of William Wimpee. There were j?. fas. against Wimpee, individually, and also fi. fas. vs. Wimpee & Price, of an older" date.
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Rule, in Cass Superior Court. Decision by Judge Trippe*. June Term, 1855. This was a motion to distribute money in the hands of the-Sheriff, arising from the sale of the individual property of William Wimpee. There were j?. fas. against Wimpee, individually, and also fi. fas. vs. Wimpee & Price, of an older" date. The Court passed the following order: “ The parties in interest in this rule having agreed that the balance in the hands of the Sheriff be distributed among the fi. fas. in the same way and manner as though a bill had been filed to settle their conflicting claims: Ordered, that the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The case of Cleghorn vs. The Insurance Bank of Columbus, (9 Ga. 319,) is decisive of the point made in the case before us. The whole subject is there fully discussed by my learned colleague, Judge Lumpkin, and I need not do more than refer to it, for the reasons which influence us in reversing the judgment of the Court below, in this case.
It is in that case shown, that whatever may have been held as to the power of a Court of Equity to restrain a joint creditor from proceeding against the separate estate of a partner, the equity in favor of…
2Cases cited1 opinion
- Cleghorn v. Insurance BankSupreme Court of Georgia · 1851
3Cited by4 opinions
- Louden v. BallIndiana Supreme Court · 1884
- Evans v. VirginWisconsin Supreme Court · 1887
- Toombs v. HillSupreme Court of Georgia · 1859
- L. Fullam & Co. v. Abrahams & EpstineSupreme Court of Kansas · 1883