24 Ga. 273 | Ga. | 1858
By the Court. delivering the opinion.
There was a general demurrer filed to this bill, which was sustained in the Court below, and on the judgment of the Court on the demurrer, error is assigned. The counsel for the defendants in error in this Court, insist in support of the demurrer, on the following grounds:
1st. That a creditor’s bill will not lie for fraud.
2d. It does not appear by the bill, that there was demand, notice and protest of the bill of exchange on which the judgment was obtained which the plaintiffs in error seeks
3d. The bill is not filed under the charter, but on the common law principle that the parties had been guilty of a fraud, and such being the case, it could not be brought against representatives of deceased parties.
4th. That directors who are successors of those who committed the fraud, are not bound.
5th. That the assignee of the bank should be sued and not the parties to the bill.
6th. The assignor should sue if there was a breach of trust or fraud.
7th. Complainants have an adequate common law remedy.
8th. That there are other parties who ought to be brought before the Court.
The material parts of the bill are set forth in the statement of the case.
We think that the remedy, for matters of the sort complained of in this bill, is in a Court of EÍquity, and that a Court of Law does not furnish so complete a remedy.
It- does not appear from this bill, that for the acts complained of therein, there are other necessary parties who* ought to be brought before the Court.
Judgment reversed!
N. B — Mrs. McDougald haying married, Robert E. Dixon tyas appointed administrator de bo7iis n<m of Daniel McDougald, deceased’.