Lamb & Mathis v. Radcliff
Supreme Court of Georgia
Certiorari. Tried before Judge Worrill, Taylor Superior Court, March Term, 1859. George W. Radcliff brought suit in the Justiees’ Court of the 807th district G. M., against James L. Brasington, and garnisheed Lamb & Mathis, partners, and one David Golden. The garnishees answered, denying that they had any effects of Brasington in their hands.
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Certiorari. Tried before Judge Worrill, Taylor Superior Court, March Term, 1859. George W. Radcliff brought suit in the Justiees’ Court of the 807th district G. M., against James L. Brasington, and garnisheed Lamb & Mathis, partners, and one David Golden. The garnishees answered, denying that they had any effects of Brasington in their hands. This answer was traversed; and on the trial of the traverse it appeared that Brasington had, by deed of assignment, transferred his books of account, containing accounts- against divers persons, to Lamb & Mathis and David Golden. The accounts amounted to…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
We are unable to distinguish this, from, the cases of Norton vs. Cobb, (20 Ga. Rep., 44,) and Watkins vs. Jenks & Ogden, (24 Ga. Rep., 431). This transfer, like the two in those cases, is an. assignment in trust to a certain preferred creditor by an insolvent debtor; the very thing prohibited by the act of 1818.
Judgment affirmed.
Judge Stephens absent, on account of the illness of one of his children.
2Cases cited2 opinions
- Norton v. Cobb & CrawfordSupreme Court of Georgia · 1856
- Watkins v. JenksSupreme Court of Georgia · 1858