138 Ga. 549 | Ga. | 1912
(After stating the foregoing facts.)
With proper allegations, these judgment creditors might seek equitable relief, and their petition would not be demurrable on the ground that they had an ample remedy at common law by levy and sale, and were therefore not entitled to institute any equitable proceeding. Thurmond v. Reese, 3 Ga. 449 (46 Am. D. 440); Stephens v. Beall, 4 Ga. 319; Lathrop v. McBurney, 71 Ga. 815; Conley v. Buck, 100 Ga. 187, 190 (28 S. E. 97).
One ground of the demurrer undertakes to attack certain paragraphs in the petition in regard to Shepherd, and to refer to such paragraphs by number, but fails to state the numbers of the paragraphs to which reference is made, leaving them 'blank; and' we therefore give it no further consideration. It can not be said generally that all references to Shepherd were irrelevant. The other grounds of the special demurrer were without merit. ■
Judgment reversed.