147 Ga. 214 | Ga. | 1917
(After stating the foregoing facts.) We are of the opinion that the court erred in granting compensation to the receivers and taxing the same against the railway company; for we are of the opinion that the court erred in entertaining the cross-petition of W. M. Harris for the appointment of receivers. This cross-petition did not deal' with matters that were germane to the original petition filed by the railway company, in which injunction was sought against the enforcement of the execution which Harris had had issued upon the judgment of $2500 obtained by him in a suit for damages. The original equitable petition filed by the railway company to enjoin the enforcement of that fi. fa. by a levy upon its property was based upon the theory that it had given a good supersedeas , bond and had complied with the terms of the law, and for that reason was entitled to a supersedeas of the execution; and it was based upon the further contention that even if the railway company was not entitled to a supersedeas, the plaintiff in fi. fa. could not levy his common-law execution upon the property which he sought to subject, because the defendant company was a public utility corporation, and to allow the enforcement of
Judgment reversed.