Keller v. Bowen & Thomas
Supreme Court of Georgia
Injunction, etc. Before Judge Parker. Glynn superior court. June 14, 1906. Bowen & Thomas filed an equitable petition to restrain Keller from receiving from the trustee in bankruptcy property set apart to him as a homestead exemption in the court of bankruptcy, and prayed that a receiver be appointed to take charge'of it “for the benefit of petitioners and other creditors of the said defendant, in the same class with petitioners,” and for a judgment -in rem against the…
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Injunction, etc. Before Judge Parker. Glynn superior court. June 14, 1906. Bowen & Thomas filed an equitable petition to restrain Keller from receiving from the trustee in bankruptcy property set apart to him as a homestead exemption in the court of bankruptcy, and prayed that a receiver be appointed to take charge'of it “for the benefit of petitioners and other creditors of the said defendant, in the same class with petitioners,” and for a judgment -in rem against the property. It appears, from the pleadings, that on February 6, 1906, Keller executed and delivered to the petitioners a…
1Opinion of the CourtBeck, J.
Under the pleadings and evidence, the court committed no error in granting the injunction and appointing the receiver as prayed. The m'aterial facts being substantially the same as those involved in Bell v. Dawson Grocery Co., 120 Ga. 628, the rulings there made are controlling in the present case. ,
Judgment affirmed.
All the Justices concur, except Fish, G. J., absent. Bowen & Thomas filed an equitable petition to restrain Keller from receiving from the trustee in bankruptcy property set apart to him as a homestead exemption in the court of bankruptcy, and prayed that a receiver be appointed…
2Cases cited1 opinion
- Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
3Cited by2 opinions
- Bowen & Thomas v. KellerSupreme Court of Georgia · 1908
- Suburban Investment Co. v. City of AtlantaSupreme Court of Georgia · 1918