87 Ga. 134 | Ga. | 1891
Certain creditors of Wyly & Greene, through their counsel, Abbott & Smith, filed their petition in equity in the nature of a creditor’s bill, under §§3149(a) et seq., of the code, alleging the insolvency of Wyly & Greene, and praying for an injunction and for a receiver to take charge of their assets. The injunction was granted and a receiver appointed, who took charge of the assets and administered them, and brought a fund of $30,000 into court to be distributed to the creditors. After the petition was filed and the receiver appointed, the Lowry Banking Company made itself a party complainant, alleging that it had two mortgages, given it by Wyly & Greene, which were sufficient to cover the whole amount of the assets. The other creditors disputed the validity of these mortgages, but they were declared to be valid and binding upon the assets by the verdict of a jury on a trial where this issue was made. Before the fund was distributed, Abbott & Smith filed their application to the court, wherein they stated that they were the solicitors of the complainants who filed the petition against Wyly & Greene and obtained the order appointing the receiver, etc., that the receiver had collected the sum of $30,000, and that they represented
Both parties filed exceptions pendente lite during the trial and assigned error on them here, but as the case is still pending in the court below, we cannot consider them now. Code, §4250. Judgment affirmed.