105 Ga. 841 | Ga. | 1898
1. Where an equitable petition was not verified'otherwise than by an affidavit of the plaintiff averring the truth of its allegations so far as the same related to his personal knowledge, and his belief in their truth so far as his knowledge concerning the same was derived from others, and when the affidavit in this fo.rm did not amount to positive proof of portions of such allegations the establishment of which was essential, but as to the same was hearsay only, it was, upon a hearing o? su->h petition at which “there was
2. Even if the present proceeding for alleged equitable relief was maintainable, and if the plaintiff, upon due proof of his allegations, would-have been entitled to such relief, — questions not now necessary to be decided, — the prayers for injunction and receiver ought,, for the reason indicated in the preceding note, to have been denied..
Judgment reversed.