74 Ga. 762 | Ga. | 1885
Paul Jones and other creditors of the firm of Curran & Scott brought a bill in equity against the individuals composing that firm, and calling it in their bill the late firm of Curran & Scott, and prayed therein that a receiver be appointed to take charge of the assets once belonging to the
•Therefore, hard as the case may appear, and reluctant as this court is to interfere with the chancellor in the exercise of discretion in granting these extraordinary interlocutory remedies, we see no mode of avoiding that interference in this case upon the bill itself, admitting its allegations to be true. The questions made are not open in this court, as the cases cited will show, and duty requires us to adhere to them.
The case in 36 Ga., 536, is relied upon by defendants in error, and it has been considered as militating against this rule in equity; but it does not, we think, when we look at the facts in that case. The complainant sold the goods to the defendant, a free trader in Tennessee, and she had them boxed and was threatening to sell all she had to defeat his claim. It seems to be a case where the complainant claimed title to some of the goods by reason of her fraud in buying from him, and she refused to pay for any. At all events, he shows that he could not bail her, or attach the goods which she was selling for less than half price, and was entirely remediless, unless an injunction was granted. But if the real facts were that she had none of the goods she had fraudulently bought of him, then it stands alone as an exceptional case, and there it will so stand in all probability until one just like it makes its appearance again.
Judgment reversed.
After the argument had progressed for some time on the merits, a motion to dismiss was made, on the ground that there were parties in interest not served with, the bill of exceptions.
Ante, p, 493.