Woodward v. Solomon
Supreme Court of Georgia
In Equity, in Bibb Superior Court. Demurrer. Decided by Judge Floyd, in Chambers, 14th March, 1849. John L. Woodward and others, judgment'creditors of The MonroeRail Road & Banking Company, to the amount of $14,000, filed their Bill in Equity, charging, that they had exhausted all Common Law remedies to collect their debts, on each of which a return of “ nulla bona” had been entered, and that they held the oldest judgment liens against that Company, which was alleged to be…
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In Equity, in Bibb Superior Court. Demurrer. Decided by Judge Floyd, in Chambers, 14th March, 1849. John L. Woodward and others, judgment'creditors of The MonroeRail Road & Banking Company, to the amount of $14,000, filed their Bill in Equity, charging, that they had exhausted all Common Law remedies to collect their debts, on each of which a return of “ nulla bona” had been entered, and that they held the oldest judgment liens against that Company, which was alleged to be insolvent; its officers and managers disunited and scattered, and no longer attempting to do business, having and taking…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion,
[1.] The doctrine so forcibly urged by counsel for the defendants in error, touching creditors’ hills, is admitted. Although *251this is a bill filed by creditors, yet there are features in the case which distinguish it from such bills as are filed to reach a debtor's equitable interests in the hands of a third person. The rules of law, therefore, or some of them, which relate to creditors’ hills, do not apply in this case. In deciding upon it, we are to bear in mind that the questions come up upon demurrer. The facts stated in the bill are taken,…
2Cases cited2 opinions
- Russell v. NicollNew York Supreme Court · 1829
- Rapelye v. MackieNew York Supreme Court · 1826
3Cited by7 opinions
- Dilman Bros. v. Patterson Produce & Commission Co.Court of Appeals of Georgia · 1907
- Tufts v. DuBignonSupreme Court of Georgia · 1878
- Planters Warehouse Co. v. SimpsonSupreme Court of Georgia · 1927
- Mack v. PardeeCourt of Appeals of Georgia · 1929
- Wholesale Mercantile Co. v. JacksonCourt of Appeals of Georgia · 1907
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