Graves v. Horton
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Eloyd superior court. August 3, 1908. Bobert W. Graves, doing business as Bobert W. Graves and Company,. filed his petition against W. N. Horton.
Read the full summary
Equitable petition. Before Judge Wright. Eloyd superior court. August 3, 1908. Bobert W. Graves, doing business as Bobert W. Graves and Company,. filed his petition against W. N. Horton. He alleged in substance as follows: “On the — day of August, 1905,” John M. Smith bought of the plaintiff one car-load of coal, which was delivered on September 1. “A few days thereafter” Smith bought another car-load of coal of the petitioner, which was delivered on September 9. The purchase-price of the two cars aggregated $131.80. Smith bought the coal with the avowed purpose of using it “at his own gin in…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
This was not a proceeding to subject property to the payment *789of a debt. The plaintiff had no judgment against his debtor, and did not sue him, and could not do so, because the debtor had been adjudicated a bankrupt. He could not subject either property or its proceeds or its value to a judgment against his debtor, because he had no judgment and was not proceeding to obtain one in this action. Neither did he have a lien of any kind on the property. The case does not fall within the ruling in Bigby v. Warnock, 115 Ga. 385 (41 S. E. 622, 57 L. R. A. 754). It…
2Cases cited7 opinions
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
- First National Bank v. BaylessSupreme Court of Georgia · 1895
- M'Whirt's CaseGeneral Court of Virginia · 1846
- Bigby v. WarnockSupreme Court of Georgia · 1902
- Moody v. BurtonSupreme Judicial Court of Maine · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kesler v. VealCourt of Appeals of Georgia · 1987
- AMERICAN EXPRESS COMPANY, SAI v. Bomar Shoe CompanyCourt of Appeals of Georgia · 1973
- Brown Transport Corp. v. StreetCourt of Appeals of Georgia · 1990
- State Ex Rel. Dilley v. West Virginia Public Employees Retirement SystemWest Virginia Supreme Court · 1988
- Kesler v. VealCourt of Appeals of Georgia · 1987