120 Ga. 355 | Ga. | 1904
1. “An association has a right to adopt a title by which it is to be known, the unauthorized use of which will be restrained by a court of equity.” 4 Oyc. 304, and authorities there cited. It was accordingly not error for the court in the present case to enjoin the defendants from-obtaining a charter under a name already used by the plaintiff to designate what the court was authorized to find was a department of its organization. '
2. The funds in dispute were not claimed by the defendants in their individual capacity, but as officers of what they contended was an independent voluntary association. There was ample evidence to authorize a finding that this alleged society was merely a department of the plaintiff, which was an incorporated mutual benefit organization. While the court was without authority, at an interlocutory hearing, to order the funds in dispute (which, under the evidence for the plaintiff, had been wrongfully withdrawn by the defendants from the bank in which they were deposited) paid over to the plaintiff, equity required that the funds be held in the custody of the court to abide the final determination of the cause. The judgment will therefore be affirmed, with' direction that the court appoint a receiver to take charge of the money in