Early & Lane v. Oliver & Norton
Supreme Court of Georgia
Injunction and receiver. Evidence. Argument. Practice in the Superior Court. Sales. Fraudulent conveyance. Before Judge Lawson. Bibb County. At Chambers.
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Injunction and receiver. Evidence. Argument. Practice in the Superior Court. Sales. Fraudulent conveyance. Before Judge Lawson. Bibb County. At Chambers. January 29, 1879. Early & Lane and others filed a creditors’ bill against Oliver & Norton and Douglass, making, in brief, the following case: On October 25, 1877, there was in existence in the city of Macon a firm doing business under the name of Oliver, Douglass & Co.' Owing to a general belief in the solvency of Douglass, this partnership had fair credit, and stood well with the business community. On the day and year aforesaid this firm…
1Opinion of the Court
Bleckley, Justice.
1. Why should hearsay as to ordinary matters of fact be evidence on applications for interlocutory remedies, such as injunction and the appointment of a receiver, when such testimony would, under the rules of law, have to be rejected at the final hearing of the cause, and could therefore have no influence on the ultimate result ? And of what use would be the reception, by the chancellor, of affidavits to which he should not look in making up his judgment ? They would be useless lumber, and only swell the volume of papers in the case. In the affidavits rejected, the affiants…
2Cases cited1 opinion
- Hunt v. StateSupreme Court of Georgia · 1872
3Cited by10 opinions
- Wilson v. WilsonSupreme Court of Georgia · 2004
- Mize v. HarberSupreme Court of Georgia · 1940
- Usry v. BostickCourt of Appeals of Georgia · 1965
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Mobley v. Board of Regents of the University System of GeorgiaDistrict Court, S.D. Georgia · 1996
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