First National Bank v. Ragan
Supreme Court of Georgia
Money rule. Before Judge Henry. Floyd superior court. September term, 1892. This was a contest between creditors of Holt for a fund raised by receiver’s sale of his property. On November 14, 1889, certain of the creditors obtained attachments against Holt as a fraudulent debtor, which were issued by the judge of the superior court and made returnable to the city court of Floyd county. They were levied on certain realty, a stock of goods, etc.
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Money rule. Before Judge Henry. Floyd superior court. September term, 1892. This was a contest between creditors of Holt for a fund raised by receiver’s sale of his property. On November 14, 1889, certain of the creditors obtained attachments against Holt as a fraudulent debtor, which were issued by the judge of the superior court and made returnable to the city court of Floyd county. They were levied on certain realty, a stock of goods, etc. In .all of the attachment cases declarations were duly filed at the first term of the court. In each was filed a traverse of the grounds of attachment,…
1Opinion of the Court
Bleckley, Chief Justice.
1. From the whole tenor and phraseology of the act of Feb. 21st, 1873 (Code, §§3297, 3298 et seq.), it is manifest that no authority for ordering or issuing attachments against debtors on the ground of fraud was intended to be conferred except as to attachments returnable to the superior court. True, that court is not expressly mentioned as the one to which the attachments are to be returnable, but we think that court and it alone was in contemplation. It surely was not the purpose of the statute for the judge of the superior court to prepare *335business for justices’…
2Cited by1 opinion
- Fordham v. Ehrlich & BrotherSupreme Court of Georgia · 1903