Coates & Co. v. Allen
Supreme Court of Georgia
Bes adjudieata. Debtor and Creditor. Insolvency. Execution. Actions. Equity. Injunction. Attachment. Trader. Act of 1881. Before Judge Stewart. Upson Superior Court. January Term, 1883. Coates & Company filed their bill against Allen -et al. for an injunction and receiver, under “ the insolvent trader's act” of 1881, and also to set aside a transfer of property alleged to have been fraudulently made by Allen to Comer & Company for the purpose of defeating his creditors.
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Bes adjudieata. Debtor and Creditor. Insolvency. Execution. Actions. Equity. Injunction. Attachment. Trader. Act of 1881. Before Judge Stewart. Upson Superior Court. January Term, 1883. Coates & Company filed their bill against Allen -et al. for an injunction and receiver, under “ the insolvent trader's act” of 1881, and also to set aside a transfer of property alleged to have been fraudulently made by Allen to Comer & Company for the purpose of defeating his creditors. Other creditors were made parties. The injunction was granted, and Comer & Co. excepted. This case will be found reported in…
1Opinion of the Court
.Jackson, Chief Justice.
This case was before this court on the review of an injunction granted by Judge Stewart. The judgment was reversed, and the inj unction set aside. It is now insisted by defendant in error that the court below—the same judge presiding—was controlled by the ruling in that decision, and was compelled to sustain the demurrer and dismiss the bill; while the plaintiff in error insists that the bill has been so amended as to take the case out of that ruling; and not only from the amendments, but from the fact that the answers were then under consideration with depositions,…
2Cases cited2 opinions
- Phinizy v. ClarkSupreme Court of Georgia · 1879
- Huff v. Ripley & TinsleySupreme Court of Georgia · 1877
3Cited by6 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Carlton v. Southern Mutual InsuranceSupreme Court of Georgia · 1884
- Coleman v. LawSupreme Court of Georgia · 1930
- Haslett v. RodgersSupreme Court of Georgia · 1899
- Kimbrell v. Walters' Sons & Co.Supreme Court of Georgia · 1890
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