Booth & Co. v. Mohr & Sons
Supreme Court of Georgia
Petition for injunction. Before Judge Parker. Clinch superior court. May 29, 1905. The circumstances under which this litigation originated are set forth in detail in the repoft of the case of Booth v. Mohr, 122 Ga. 333. At the instance of creditors of R. J. Booth & Co., a receiver was appointed to take charge of the assets of that firm.
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Petition for injunction. Before Judge Parker. Clinch superior court. May 29, 1905. The circumstances under which this litigation originated are set forth in detail in the repoft of the case of Booth v. Mohr, 122 Ga. 333. At the instance of creditors of R. J. Booth & Co., a receiver was appointed to take charge of the assets of that firm. Subsequently the order of the court appointing a receiver was vacated upon the defendants giving a bond, signed by themselves and a number of sureties. Hpon the final trial of the case, a special verdict in-favor of the plaintiffs was, returned by the jury;…
1Opinion of the CourtEvans, J.
(After stating the facts.) The execution sought to be enjoined issued upon a- decree, the validity of which is attacked *474for the reasons set forth in the foregoing statement of facts. This decree was rendered in an equity case brought by creditors against an insolvent partnership, who prayed for the rescission of a sale alleged to be fraudulent, for the appointment of a receiver, and for judgment on their several demands. The court had jurisdiction of the parties and of the subject-matter; and if the court erred in decreeing counsel fees to the moving creditors, the judgment was merely…
2Cases cited4 opinions
- Booth & Co. v. Mohr & SonsSupreme Court of Georgia · 1905
- Price v. CarltonSupreme Court of Georgia · 1904
- Crow v. American Mortgage Co.Supreme Court of Georgia · 1894
- Rice v. CareySupreme Court of Georgia · 1848
3Cited by5 opinions
- Jordan v. Callaway & Co.Supreme Court of Georgia · 1912
- Barber v. BarberSupreme Court of Georgia · 1924
- Taylor v. WoodallSupreme Court of Georgia · 1936
- Cates v. DuncanSupreme Court of Georgia · 1936
- Westberry v. ReddishSupreme Court of Georgia · 1933