Gartrell v. McCravey

ITsh, O. J.

1. The harsh'remedy of appointing a receiver and of granting an injunction before trial on the merits of the ease should not be exercised where the applicant for such remedies has no lien upon the property of the defendant, and no interest therein or claim thereto. Atlanta &c. Ry. Co. v. Carolina &c. Cement Co., 140 Ga. 650 (79 S. E. 555), and cases cited.

2. Therefore, where two adult and married daughters instituted a proceeding in the court of ordinary, in accordance with the Civil Code (1910), §§ 3089 et seq., seeking to have their father adjudged to be an imbecile and incapable…