140 Ga. 650 | Ga. | 1913
1. Three general creditors holding small claims against an electric interurban railway company, without lien upon the property or interest therein or claim thereto, have no right to have a receiver appointed, by alleging insolvency on the part of the company, and inability to complete the building of the road and to carry out the enterprise for which it was organized. Dodge v. Pyrolusite Manganese Co., 69 Ga. 665; Scott v. Jones, 74 Ga. 762 (4); Guilmartin v. Middle Ga. &c. Ry. Co., 101 Ca. 565 (29 S. E. 189) ; McKenzie v. Thomas, 118 Ga. 728 (6), 736 (45 S. E. 610) ; Barnesville Mfg. Co. v. Schofield Co., 118 Ga. 664 (45 S. E. 455) ; Virginia-Carolma Chemical Co. v. Provident &c. Ins. Co., 126 Ga. 50 (54 S. E. 929) ; Spence v. Solomons Co., 129 Ca. 31 (58 S. E. 463); Civil Code, § 5495.
2. Intervenors take the case as they find it. Charleston &c. Ry. Co. v. Pope, 122 Ga. 577 (50 S. E. 374); Seaboard Air-Line Ry. v. Knickerbocker Trust Co., 125 Ga. 463 (54 S. E. 138) ; McCaskill v. Bower, 126 Ca. 341, 343 (54 S. E. 942) ; Booth v. State, 131 Ca. 750 (4), 760 (63 S. E. 502). The filing of an intervention by two attorneys who claimed that the defendant owed them attorney’s fees which were to be paid from the proceeds of the sale of bonds issued by the company, or from the proceeds of other property, or from other "funds, not alleging that there were any such funds arising from the sale of bonds, or showing that they had any interest therein, did not save the petition of the original creditors from being demurrable, and was itself demurrable.
3. Neither did the filing of an intervention by several individual bondholders, who showed no reason why they had a right to proceed otherwise than through the trustees to whom mortgages were given to secure the payment of the bonds, suffice to save the original petition from demurrer; and such intervention was itself demurrable.
4. The trustees of the bondholders were made parties defendant to the petition. They filed an answer in which they stated that for want of
Judgment reversed.