Collins v. Myers & Marcus
Supreme Court of Georgia
Debtor and Creditor. Insolvency. Mortgages. Equity. Receiver. Before Judge Snead. Richmond County. At Chambers. March 18th, 1882. Reported in the decision.
1Opinion of the Court
Jackson, Chief Justice.
This bill was filed for injunction and the appointment of a receiver under the act of 1881. Laws of 1881, p. 124.
It will be seen by the act that the jurisdiction of equity to intervene and take possession of the property of the trader at the instance of a creditor rests mainly upon the insolvency of the debtor. It is not the mere failure to pay, but it is the inability to pay by reason of insolvency, that gives this extraordinary remedy. It is purely statutory and must be brought clearly within the statute on which the jurisdiction alone rests. But for this statute a…
2Cited by3 opinions
- Jones v. Maxwell Motor Co.Court of Chancery of Delaware · 1921
- Atlanta Brewing & Ice Co. v. Bluthenthal & BickartSupreme Court of Georgia · 1897
- Fidelity Produce Co. v. PerdueSupreme Court of Georgia · 1910