182 Ga. 672 | Ga. | 1936
Phillip B. Yonge filed a petition for injunction and other relief, alleging that on April 26, 1932, he filed a voluntary petition in bankruptcy; the petition was dismissed and thereafter reinstated on January 23, 1933. Among the listed creditors was Nash Loan Company, its debt being secured by a bill of sale to certain household furniture. On January 18, 1933, five days before the petition in bankruptcy was reinstated, Nash Loan Company filed a bail and trover proceeding against Yonge in the municipal court of Savannah. Notices of Yonge’s bankruptcy proceedings were mailed to his creditors, including Nash Loan Company. Yonge procured his discharge in bankruptcy on March 28, 1933. On February 13, 1933, Nash Loan Company, in the trover suit in the municipal court, obtained a judgment by default, and elected to take a money judgment for the amount of the debt, $300. The furniture was levied on, and the proceeds of the sale under the execution were applied to the debt. It is alleged that Nash Loan Company sued out a garnishment and served it on the railroad company for which Yonge worked, and threatened to sue out other garnishment proceedings. He prayed for injunction to restrain Nash Loan Company from further proceeding by garnishment; that the judgment in the municipal corrrt be set aside; that the debt be decreed to be one provable and dischargeable in bankruptcy; and that his plea of discharge as to the debt in question be sustained. Nash Loan Company demurred on the grounds that the petition failed' to set forth a cause of action, and that the plaintiff had an adequate remedy at law. The judge overruled the demurrer and granted an interlocutory injunction. The defendant excepted to the overruling of its demurrer.
The court erred in overruling the general demurrer to the petition. “Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law.” Code, § 37-120. This accepted principle disposes of the suit at bar, where an injunction is sought to prevent threatened garnishment proceedings. In a similar case this court, in Teft v. Booth, 104
Judgment reversed.