Legal Opinion

Cohen v. Meyers, Cohen & Co.

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 24 opinions

Equity. Receiver. Bill of Exceptions. Before Judge Clark. Chambers, Macon county, October, 1870. Einstein & Eckman, and others, filed a bill containing the following averments: Barnard Golinski, of Albany, a trader, owes Einstein & Eckman, Robert Zacharias, and Meyer, Cohen & Company specified sums of money on drafts due respectively on the 19th, 1st and 18th of October, 1870. These drafts were given for goods bought by said Golinski from said respective parties.

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Equity. Receiver. Bill of Exceptions. Before Judge Clark. Chambers, Macon county, October, 1870. Einstein & Eckman, and others, filed a bill containing the following averments: Barnard Golinski, of Albany, a trader, owes Einstein & Eckman, Robert Zacharias, and Meyer, Cohen & Company specified sums of money on drafts due respectively on the 19th, 1st and 18th of October, 1870. These drafts were given for goods bought by said Golinski from said respective parties. Golinski took the goods to Albany and put them into his store where he was doing business. All Golinski’s goods have been, by him,…

1Opinion of the CourtMcCay, J.

It is well settled in this Court, that the judgment of the Court below, in a proceeding of this character, will not be. interfered with, hastily. The Code, section 3150, expressly places these interlocutory proceedings in the discretion of the Circuit Judge, and this Court will, in its review of his actions, give great respect to his opinion upon the facts.

As a matter of course, if there be no equity in the bill, if the Court has no jurisdiction of the case, that is another matter. But it is a mistake to suppose that, if the answer, in terms, denies the charges in the bill, the Judge is…

2Cited by24 opinions

  1. Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
  2. Glover v. StateSupreme Court of Georgia · 1907
  3. Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
  4. Roberts v. City of CairoSupreme Court of Georgia · 1909
  5. Stillwell, Millen & Co. v. Savannah Grocery Co.Supreme Court of Georgia · 1891

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