Carstarphen Warehouse Co. v. Fried
Supreme Court of Georgia
Petition for injunction. Before Judge Felton. Bibb superior court. August 15, 1905. A petition for injunction and thé appointment of a receiver was filed by T. J. Carstarphen, who conducted business under the name and style of the T. J. Carstarphen Warehouse Company, in which J. R. Fried, of Bibb county, and the firm of J. F. Williams & Son, of Wilkinson county, were named as defendants.
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Petition for injunction. Before Judge Felton. Bibb superior court. August 15, 1905. A petition for injunction and thé appointment of a receiver was filed by T. J. Carstarphen, who conducted business under the name and style of the T. J. Carstarphen Warehouse Company, in which J. R. Fried, of Bibb county, and the firm of J. F. Williams & Son, of Wilkinson county, were named as defendants. The proceeding was brought in the superior court of Bibb county, and the facts alleged by the plaintiff as entitling him to the equitable relief sought were substantially as follows: The defendant firm is…
1Opinion of the CourtEvans, J.
(After stating the facts.) Under the Civil Code, §4937, a creditor may, in one suit, proceed for judgment on his debt and to set aside a fraudulent sale made by his debtor. DeLacy v. Hurst, 83 Ga. 223. But in such an action the plaintiff would not be entitled to the .extraordinary remedies of injunction and receiver, if it appeared that an attachment against the fraudulent debtor (Civil Code, §§4543-4547) would afford complete and adequate relief. Booth v. Mohr, 122 Ga. 333. The act of the General Assembly approved August 17, 1903, declares that a sale of a stock of goods, wares, and…
2Cases cited2 opinions
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
3Cited by15 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- Douglas v. JenkinsSupreme Court of Georgia · 1916
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
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